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Everything posted by DDWales

  1. Thanks eb! I have an update.... DVLA letter sent asking for data requests. Have also been in touch with the council planning department and spoke to a lovely lady who totally sympathised as she had recently been caught up with something similar and was very happy to help! I have a telephone call scheduled with her next Monday to confirm if permissions were actually needed by the council (she couldn't confirm this when I spoke to her but would research for me in terms of private land ownership). In the meantime I checked the planning app portal and can confirm that the council has received no planning for signage or cameras etc from TPS and/or B and Q themselves (there doesn't seem to be planning apps from they new PPC either!). Have attached evidence of this dating back to the mid 1990's. The only planning permission given has been for security fencing! I have also attached Google Map shots of the site. I could not go into the car park any further as Maps changes the view to 2016. The photo evidence is from 2011 (none exists for 2014 unfortunately). Looks like there are parking signs as such in those views but when you zoom in they are illegible - the best I could get are also in the attached. Regards, DDW BandQsignage.pdf
  2. Thanks dx and eb- much appreciated. Have written to the DVLA so just waiting for a response. Hopefully they will have 'slipped up' here. Ibbotson certainly makes very interesting reading too! In terms of an update, BW have text my mother 3 times and have now sent a lovely follow up threatogram (attached). I've also undertaken some research on the former B&Q parking site in question. The site is now run by G24 Parking, has new signage and ANPR installed also. I'm going to dig around further in the meantime to determine if TPS had initial authority from the landowner and permission to erect their signage back in 2014. Let's see what I can find! Cheers, DDW PCN2.pdf
  3. Thanks lookinforinfo. BW seem to be quite active at the moment as are TPS sending many old invoices out across the UK. As you state above there are immediate discrepancies and issues... It seems they (along with most others) try the extra 'legal fees' charge en masse. Thanks again brassnecked. Just waiting for the LBC. My mother has already had 2 text messages from BW wanted her to ring them to discuss a 'personal matter'. Suitably ignored of course. Thanks ericsbrother. Just playing the waiting game now.... In terms of getting in touch with the DVLA, is this simply an SAR to them with £10 to cover costs? Cheers, DDW
  4. Thanks again. No chance of a backdoor CCJ. I shall sit tight and wait for their next steps. Appreciate all the responses. DDW
  5. Hi Gick. Thank you for your response. Yes, she was the RO of the car at the time in 2014 but definitely received no correspondence until now. Cheers, DDW
  6. Hi Brassnecked. No, she sold the car in question approx 7 months ago. Cheers, DDW
  7. Hi dx. Thanks for your response- much appreciated. Just as I thought...no such rule and cant keep you there! She received nothing (no initial windscreen ticket, NTK or anything else) prior to these letters. If she had received any threatograms or invoices I would have definitely raised on this great site at the time so am very sure of that. I am unsure about CCTV but 100% sure that there was (and still is) no ANPR cameras on that particular site. With that in mind, (and as this is her first notification) this must surely out of time in terms of POFA. Wouldn't that alone be enough to beat TPS if they do gown down the claims route? And of course will ignore in any case unless they do.
  8. Ok. Thanks dx. Have filled in and attached accordingly. DDW For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 01/10/2014. 2 Have you yet appealed to the parking company yet? No as attached letter is first correspondence from TPS/BWLegal. Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it No (As above. Attached letter is first contact from TPS/BWLegal) Did the NTK provide photographic evidence? Have not received NTK or any other evidence apart from attached letter(s). 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) No as did not receive NTK. 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] N/A 5 Who is the parking company? Total Parking Solutions. 6. where exactly [Carpark name and town] did you park? B&Q, Neath, Neath Port-Talbot. B&Q have subsequently moved out of this location. Unsure if TPS still manage site. PCN.pdf No, she still lives at the same address btw. Cheers, DDW
  9. Hi all. My mother has just received the attached invoice request from BW as well as the notification from TPS. As you can see the alleged 'offence' was undertaken in 2014! A number of other online forums have indicated that TPS have just sent out a batch of these across the UK so look to be trying to clear their systems to make a quick buck. This is the first correspondence she has had with them so surely this contravenes POFA in terms of notification timescales in the first instance. In terms of next steps should she just ignore for the moment as it would seem that TPS/BW are chancing their arm? Cheers! DDW
  10. Hi all. My mother has received the attached from Arrow. It purports to be for an over payment on a former debt which has been cleared some time ago. I can confirm that the debt did exist. I'm just querying whether this is legit and not some sort of phishing exercise. If it is legit could you advise on next steps? Many thanks in advance. DD Wales
  11. Hi all, your advice on this matter would be greatly appreciated. Essentially I was sitting in my car in a private car park talking to a colleague on the telephone. An council environmental enforcement officer approached my window and accused me of littering and stated that he was going to issue me with a fixed penalty notice. Confused I asked what I was supposed to have done and he answered that I threw a cigarette out the window to the floor. I don't even smoke! I tried to discuss the matter calmly but the officer would not reason with me. I explained that I didn't smoke and that he must be mistaken. I was rudely told that 'he had seen it with his own eyes' and 'would not be worth his time making things up'....which he clearly was!! I then asked him if he had any physical or video based evidence to back his claims to which he replied he didn't. He then went on to explain that a letter would be sent in the post and that I would have 14 days to pay. Is there any course of redress here as I think this is very unfair. Regards, DD
  12. Thanks both. I paid online as it was the quickest method and because from what I posted previously knew that if it went to court had little chance of success - so wanted to deal with quickly before getting anywhere near that. I've never paid online for an invoice before so was unaware of their 'practices'. I paid by debit card...and I will seek to reclaim I can assure you! I have taken a screen shot of said payment and have requested an email for this too. I also have kept all correspondence. I do not have a cheque book but could I pay via PO? If so, are my options...recharge on my card, send PE a PO for £85, job done? Also, where did this mysterious extra charge come from and what will they try to justify it on?
  13. Thanks eb, and everyone else on here for your advice. Just to update, bit the bullet (and it was difficult!) and just paid PE online after receiving the LBA Court Claim through the post. It stated that £85 was due. Went to pay it online and the costs was now £145!! Have paid due to not wanted to go to court but what has happened here? Any advice would be gratefully received.
  14. Thanks eb. Just to clarify, the fact that PE's information was sent to me outside the time limit is not valid and no defence?
  15. ericsbrother, just been in touch with the car company and they are the registered keeper. They explained that PE asked for my details under the DPA and they passed them on to them. PE then got in touch with me.
  16. Indeed dx. it is interesting that on page 2 of the threatogram that the first part reads as follows..'Please be aware that this Letter Before County Court Claim is fully compliant with the Practice Direction on Pre-Action Conduct'. Then goes on about the Directions etc.
  17. Point taken dx! More threatogram stuff essentially, I know, just need the clarification. In bold on the front page there is also the lovely.. 'LETTER BEFORE COUNTY COURT CLAIM' missive.
  18. ericsbrother, I will get in touch with the car people for clarity asap and get back to you. Cheers DDW
  19. Hi all Thanks for the responses. DX100uk: the letter does say Will. Actual line is' further action will be taken and this is likely to lead to court proceedings....'. The letter itself is different to what I have seen before. Its essentially double sided with side 2 a 5 point breakdown of: 1, That this letter is fully compliant with Practice Direction on Pre-Action Conduct etc. 2, Details on POPLA cannot now be used. 3, Information regarding that their 'loss' is not punitive under guidelines set out by BPA. 4, Information about documents that could be relied on 5, Information on the Bevis judgement. Point 1, does have a paragraph regarding Alternate dispute Resolution' and that things could be settled with court on a without prejudice' basis. As per some above the advice above worth thinking about considering that PE usually do take action? Ericsbrother, just for clarification, the car is technically not owned by me as I am paying for it on a monthly basis under a work salary sacrifice scheme. I have the option to buy it and the end of 3 years or just continue with a new car from them and repeat the cycle. I did not realise this at the time in terms of the length PPC's have in getting their NTK to me. In my case the NTK would have gone to the company who have then told PE who have then gone to me.
  20. Hi all. Thank you for your advice so far...and apologies for resurrecting an old post. I didn't respond to the POPLA letter and appeal...I know, me bad. after not hearing anything from them since, today I've had a lovely threatogram from our friends giving me 14 days to respond before court action. What to do now...? Their letter states a sort of out of court 'without prejudice' scenario that can be used. Any ideas would be very welcome and grateful. DD Another thing to add....my car part of a work salary sacrifice scheme so I'm not the owner per say. Am I still ok in terms of them sending me the NTK out of time?
  21. Afternoon all. I am writing on behalf of my mother who received a windscreen ticket from TPS on 01/10/14 for the above in a B & Q car park. She did not actually leave the site and spent money in said premises. A charge notice was not sent to her from TPS but their agents, Premier Solicitors (PS) sent a threatogram on 26/01/15. This was ignored. Almost a whole year later PS have followed this up with another threatogram citing Beavis and anything else they want demanding payment of £110 by 2nd February. As the above happened so long ago she cannot prove she spent money in B & Q or go to POPLA etc. Any thoughts on this and how to proceed? Cheers
  22. I see BB....but would it be worth risking a potential court visit by contesting using the above fact regarding the police sending out of time?
  23. Thank you BB. Very helpful. Interesting. The NIP sent to me was way over the required 14 days. As the article states however, the police can go over this if 'extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them'. I have car through work via a salary sacrifice scheme so to contact me may take longer and therefore justify this? Any answers very welcome!
  24. Afternoon all. Just a quicky.... Just had a notification regarding the above. The notification arrived at least one month after the alleged offence. Out of interest, how long do the Police have to notify please? I think Ive read somewhere there is a set time limit? Have searched on here but cant seem to find any info on this. Cheers!
  25. Afternoon all. Quick update. Our friends have unsurprisingly rejected my appeal and given me a POPLA code. Just out of interest, what regs can I quote on my appeal to POPLA? Is there anything in particular I can cite? Cheers!
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