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bo54col

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About bo54col

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  1. To resurrect this old thread, Excel have finally decide to test this case in the claims court. Today an N1 claim form has been received.Can I trouble you for some guidance on what to frame the defence around, the NTD not fitting PoFA 2012, or taking the NTD as valid Excel applying for the DVLA to early (within 28 days) or a mixture of those and signage not having planning permission, and or no ANPR therefore the the invitation to accept the contract was declined and the driver left after making that decisions.Guidance would be appreciated
  2. So, I asked DVLA how they formed the opinion it wasn't an NTD.... see their reply below. "DVLA has been advised by the International Parking Community (IPC), that these notices are not Notice to Drivers. These notices have been introduced to make the driver aware that a breach of parking conditions may have occurred and that a notice will be issued in the post. This notice also provides the ability for this to be appealed. The notice itself does not make any reference to a fee needing to be paid. If the driver (upon receipt of this notice) views the website, they will be provided an option to appeal or pay but they are not obliged to do so. If however neither of these options is taken by the driver, the parking company may then issue a notice to the keeper via the postal system. If the driver does appeal or pay this charge, the parking company would then have no need to request the vehicle keeper details from DVLA. As previously mentioned, if there are any concerns with this process, the driver or keeper can raise this with the IPC" So they where told it was an NTD, by a group of people who are self appointed, to self regulate, there own dirty business. Im flabbergasted.
  3. Silverfox, Thank you for your reply. With whom do I take my DPA breach action against, DVLA or VCS ? I may as well get that started. The pictures on the website, taken by the 'attendant' show a time gap of 12 minutes. Beyond the 10 minute grace period. The driver assures me it wasn't that long. I have one word against pictures supplied by Excel. As they didnt have the correct change they returned to the car and found the ticket, then left. Surfer01, Thank you for the reply. To clarify, the driver parked the car, went to get a ticket, there was a queue, and when they got to their turn, the machine would not accept the coins they had for it and they had no further change. the driver returned to the vehicle, I'm told within 10 minutes, and found the card, which they believed to be spam due to the unprofessional nature of it. They then left the car park. The pictures have times on them, which purport to be 12 minutes spaced from the first time to the last. The driver disputes this. DVLA have been emailed again asking them to clarify there response. I shall send a complaint letter to the ICO when DVLA reply. Are their any specific cases to refer to that show this ?
  4. A complaint was made to DVLA regarding the release of personal date and breach of PoFA etc, below is their reply: DVLA replied to the complaint email. They state : "Having reviewed the situation, I should firstly mention that the correspondence placed on the vehicle at the time in question is not a NTD, Excel Parking Services have introduced a process where instead of affixing a notice to driver on the vehicle, they place a notice to make the motorist aware the terms and conditions of parking may have been breached and an official notice will be issued via the postal system. Where a notice is not affixed to a vehicle, for the keeper liability provisions of PoFA to be utilised, a notice must then be delivered within 14 days of the event. There is currently no requirement from DVLA that a notice to driver must be placed on the vehicle at the scene. Therefore any request for the keeper details may be submitted immediately" Comments ?
  5. im mindful of doing this in the appeal, but don't want to alert them to this fact in case they reissue the NTK. Or i shall just send an appeal letter then just pre 56 days inform them
  6. I have checked the website that the invalid NTD asks you to go to. It has 8 pictures of the car and the pictures are dated and timed between 17:13:58 and 17:25:11. there are 3 boxes to 1 appeal, 2. pay the ticket , 3 provide 3rd party information. Was this available on the day ? I don't know, I took the piece of card to be a joke/prank so it was ignored, until the NTK came in.
  7. My partners car was stationary in a car park on 06/01/2017. There is a fee payable of 50p for 1 hours parking. The driver of the car went to the machine, realised they didn't have change for it, and returned to the car. The car left. The Reg keeper wasn't driving. When they got back to the car, a plastic envelope with a piece of printed cardboard was inside with the name MyParkingCharge.co.uk on. It has a serial number on it and a date only, hand written. It has no offence date, time, day, location, penalty details, appeal details or registration number of the car. As far as I can see, reading the rules - PoFA 2012, this is an invalid NTD. The date on this card was 06/01/2017. On 19/01/2017 my partner as the Reg Keeper, has received a Notice to Keeper (NTK) letter from Excel Parking. This has all the day, date, time, location car registration and contravention details. The issue date of the NTK is 13/01/2017, but was only received on 19/01/2017. The NTK doesn't mention PoFA act. It states the appeal services is IAS, and Excel are a member of the International Parking Community - IPC. The NTK has no ANPR information or pictures of the car or contravention. I am composing an email to DVLA for the intentional abuse of the PoFA rules Excel and the DVLAs breach. As the NTD is flawed (in my opinion) approaching DVLA is improper and the issuing of the NTK within 28 days means the Reg Keeper is not liable, only the driver. Any thought for suggestion on how to proceed would be gratefully received. NOTE. There is no ANPR on this car Park.
  8. Approx £20 worth of goods where bought, we don't have the receipt I'm afraid. The driver is in two minds about paying the charge. I say fight it. However, if the end result is likely to be making a payment I know what the driver will say. And we overstayed (due to my son) by 40mins.
  9. Yes, it was ANPR. Two pictures of the vehicle purportedly entering and leaving the car park at times they say prove the vehicle stayed longer than allowed (90minutes).
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