RCP Parking Charge Notice

[Guest]

Hello,*

I have received a letter from TNC parking services about an unpaid RCP PCN. This is from the date 27/12/2019 and i have received the letter on the 29.02.2020 however, the letter is dated 25.02.2020. As you can see, the PCN was 2 months ago and as far as i can remember when I reached my car and took the ticket out it literally ripped because the rain water got into the bag. I didn’t pay to much attention to it as I knew private firms have no legal right to issue a Penalty Charge Notice. Since then i have had my car washed several times and I’ve lost the ticket. The fine was originally £100 now its £125 because of admin fee. Now I’ve received this letter from TNC parking services and I’m wondering if RCP has a legal case against me?
At the end of the letter it says “please not that if the parking charge notice remains unpaid your account will be passed to our recovery team where additional fees will be added to the amount which is currently outstanding” Does this mean they can take me to court? Please advise me on what i should do.
And this mean RCP now has my details and how did they even get them?*
As you can probably tell I am quite lost so please please anything will help.

*

[ostell]

Edit so that the identity of the driver cannot be inferred, use "the driver......."etc

From reading this forum and others you should have realised that they can indeed take people to court for a breach of conditions.

They got your details as the registered keeper from the DVLA. If this is the first letter you have received in the post then:


Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 56 days as prescribed by section 8 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


Send first class mail with free certificate of posting from a post office

Basically if the don't know the identity of the driver then they can transfer liability to the keeper but only if they fully comply with the requirements of the Act. Suggest you look at the Act

[Osworld890]

Thank you so much for your reply.

I have had a chance to read the Protection of Freedoms Act and I understand what you are saying. You advised to post them a letter. This might sound silly but just out of curiosity why is that better than sending them an email?*
*

[ostell]

Because you get that certificate of posting from the post office to show you sent it.

[Osworld890]

Great, thank you. I’ll post the letter ASAP.

[ostell]

And edit you first post as requested, this is a public forum AND the are know to read them

[Osworld890]

well for some reason it doesn't give me an option to edit it. maybe because I posted it as a guest?

[ostell]

That's probably it.* Flag the admins and they may be nice and do the edit

[Osworld890]

I have sent them a message. Lets see what *they can do for me. And thank you very much, you’ve been very helpful. I appreciate it it a lot.

I might have to post here again but thank you for now
*

[Osworld890]

Hi, its me again
I sent them a letter through post as you suggested but instead of a response to that letter they have just sent me a letter saying ACTION REQUIRED TODAY. The letter says i haven’t *advised *them anything when i sent them a letter. The charge has also been increased. I have a receipt from the post office so should i email them since the post office isnt open.

*

[ostell]

Can you post up a redacted copy of that letter please.

[Osworld890]

Here it is

[Osworld890]

[Osworld890]

There’s 2 copies which ever is clearer to read.

[ostell]

So respond requesting that they take note of your letter of the xxxxxxx