TPS now BWLegal from 2014!

[DDWales]

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

 

[DDWales]

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

[DDWales]

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.

 

[DDWales]

Hi Brassnecked.

No, she sold the car in question approx 7 months ago.

 

Cheers, DDW

[DDWales]

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

[DDWales]

Thanks again.

 

No chance of a backdoor CCJ. I shall sit tight and wait for their next steps.

Appreciate all the responses. DDW

[DDWales]

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

[DDWales]

 

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

[DDWales]

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