St James's Hospital Leeds, PCN ZZPS

[silverfox1961]

I know DX says to ignore them but I get the feeling you are enjoying playing with them.

I would be saying, "OK, bring on the legal action. " I'm sure that Leeds NHS trust, being the client will begin legal action...NOT but of course they may be completely silly and do so.

 

If court action were to be taken, they would fail for the reasons mentioned above nd you could claim for your costs as well as the claim would be without merit.

 

I hope you have filed the complaints I mentioned.

[stan5131]

Thanks Silverfox. I am going to make official complaints in writing tomorrow. I might fire off one more email saying 'bring it on'

[stan5131]

And the latest instalment:

 

 

Thank you for including extracts from the BPA code of practice.

 

 

Please note that there is no time frame for this notice to be sent as you have misread the guidelines, allow me to educate: "you should apply" is not the same as "you must apply". This is a guideline, any delay in this process only gives the driver extra time to resolve the matter, as explained in my email of 21/10/2016, this delay stands in our client's favour and definitely does not invalidate this account.

 

 

"notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA", the registered keeper's details were received on 03/10/2016 and the NTK sent on the same day, therefore our client is well within their legal right to pursue this PCN.

 

 

Please understand that I am not trying to threaten or scare you into paying. my contact with you is because my job is to give you the opportunity to resolve this account outside of the legal process. I am actually trying to help you save money.

 

 

I fear that this account will have to progress to the legal stage in order for you to take it seriously.

 

 

The next stage of progression will see this account passed to debt recovery on 02/11/2016.

[dx100uk]

thank you

I will wait for your client leeds NHS trust to possibly, maybe, might, or be instructed too

issue a claimform

 

 

as I knew from day one ZZPS are a powerless DCA anyway.

[silverfox1961]

thank you

I will wait for your client leeds NHS trust to possibly, maybe, might, or be instructed too

issue a claimform

 

 

as I knew from day one ZZPS are a powerless DCA anyway.

 

Oh DX, you do make me laugh

 

As to the claim they trying to save you money, the only answer I can give is another smiley

 

[Homer67]

E mail the NHS Trust PALS department (it will be on their website) find out the CEO's name and copy him/her in.

[silverfox1961]

One other thing.

 

"notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA", the registered keeper's details were received on 03/10/2016 and the NTK sent on the same day, therefore our client is well within their legal right to pursue this PCN.

 

If you were to contact the DVLA, they can tell you when the keeper details were requested, who by plus the dates. If they differ from what is claimed you can then add that to the report to the BPA

[stan5131]

Thanks guys!

[ericsbrother]

I would give up this childish letter tennis and block their emails.

The last thing you want to do is say somehting that creates a liability and the more you carry on the more it can be held, that on the balance of probabilities, you were the driver

 

 

so stop emailiong them and just send your letters of complaint to those who have some powe4rs to do something or are at least in a position of responsibility, such as the DVLA.

 

As you can see from the responses they know that they are talking out of the wrong end of their alimentary canal

but as you continue to give them some credence they will carry on because they think you are a mug and will fall for it eventually.

[stan5131]

I have written to BPA. Lets see what they say!

[ericsbrother]

they are the trade association for the cowboy clampers.

What do you expect them to say about the people who pay their salaries?

 

You are barking up the wrong tree and just wasting your time.

The only people you should be contacting are the DVLA to see who accessed your details and when and if that was outside the time allowed by the POFA to create keeper liability then you need to complain to them and the ICO for handing out your personal data without a reasonable cause.

 

 

The DVLA dont check to see if the people paying them to access the system are being honest so you have to find out and then go after them if you can.

 

When you can show that the parking co were out of order

then you go after their employers,

the hospital trustees

and tell them that they are ultimately responsible for the law breaking of their goons.

 

 

Embarrass the hell out of them by tying all of this together and giving it to the local papers

[stan5131]

Reply from BPA:

 

Thank you for your email below.

 

Once a parking charge notice has been issued a parking operator has up to six years to chase the alleged debt.

If the operator does not invoke the Protection of Freedoms Act for keeper liability (this is where the timescales are prominent), they may continue to chase the debt.

If you were not the driver you should (if you can) give the name and address of the driver so that liability can be transferred.

 

Unfortunately without the driver details, the parking operator will continue to chase the keeper and the courts will decide if the keeper was in all probability the driver.

You may wish to seek legal advice on this matter or appeal to the parking operator.

You have not named the operator so I cannot confirm if they are a member or not, they may be a member of the International Parking Community. www.theipc.info .

 

We will investigate any complaints about alleged non-compliance with the Code of Practice.

However, we are not set up to deal with disputes from the general public about parking or control.

We are not a legal entity nor a regulatory body.

Therefore, the Code does not provide a way for the driver to challenge how a landowner or operator has applied parking control or enforcement on private land.

Any challenge or appeal is a matter for the landowner's or operator's procedure, with the option of taking it to POPLA, and or the Courts.

We will not get involved in the arbitration of a dispute between an operator and an individual.

[stan5131]

DVLA next!

[ericsbrother]

so they couldnt be bothered to investigate the shinanigans of one of their members and then claim that the member doesnt have to abide by the ruls of membership.

 

That wont surprise any of the regulars here but the fact they have said that they dont care if their members dont follow their rules may well be useful to you as it rather deflates any claim of being an honest broker.

[dx100uk]

so how did this go?

 

 

dx