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#Post#: 78832--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: June 30, 2025, 2:11 am
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Yes. The NTK explicitly states that “you as the keeper also had
the right to appeal during the 28 days following the NtD” (my
paraphrasing, I’ll copy the precise language later.)
And then initiating the appeal online with the case number
reiterates this.
#Post#: 78836--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: June 30, 2025, 2:23 am
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The Keeper still retains the right to appeal the Notice to
Keeper (NtK) within the 28-day period after it has been
received, even if the original Notice to Driver (NtD) was not
appealed.
Under PoFA, if an NtD is issued and not appealed, the parking
operator must wait at least 28 days before issuing an NtK, and
it must be issued no later than 56 days after the date of the
alleged contravention. Once the NtK is received, the Keeper has
a statutory right to appeal within 28 days of its deemed receipt
date.
This appeal window is independent of whether the NtD was
appealed. Normally, we would recommend appealing the NtD, only
as the Keeper, on day 27, and waiting to see if they reject the
appeal without sending an NtK.
Only the NtK can establish Keeper liability under PoFA if the
operator is compliant with all procedural requirements.
#Post#: 83677--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: August 1, 2025, 5:09 am
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Good day.
A letter has now been received from a debt collection agency, in
this case Trace.
I am attaching the letter, but the content informs that the debt
has been passed on to the agency, the charge now includes
additional fees, and the deadline for payment is 14 days.
Note: with these additional fees (in accordance with the code of
practice, according to the letter) the charge is now Ł170.
Note also: the deadline is given as 14 days from the date of the
letter. The letter is dated 23 July, but it was received this
morning, 1 August, such that 9 days have passed already.
Brief reminder, as this thread has been dormant for a few weeks.
1. Car was parked in a spot within a carpark where the driver
had a fully current and properly displayed permit, however this
spot in particular was designated for guests who had booked
online.
2. A NtD was affixed to the window, but the driver lost this.
3. Initially, it appeared that the parking operator was not a
member of either ATA. Considering this and that the ticket was
lost, no appeal was made to the operator. It was later found
that the operator is indeed an authorised member of the IPC but
the website had apparently been out of date.
4. An NtK was sent to the keeper's address. Upon trying to
appeal, the website informed that no appeal could be submitted
as the window for appeal had lapsed during the first 28 days,
the period before the NtK had been received.
5. To date, no appeals have been submitted.
6. Today's letter arrived.
Please advise how to proceed.
[attachment deleted by admin]
#Post#: 83679--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: August 1, 2025, 5:19 am
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You can safely ignore any useless debt recovery letter. Debt
collectors are powerless to do anything except to try and
persuade the low-hanging fruit on the gullible tree to pay up
out of ignorance and fear. Never, ever communicate with a
powerless debt collector. You can safely shred the letter from
Trace and use it as hamster bedding for all anyone cares.
Come back if/when you receive a Letter of Claim (LoC). Until
then, there's nothing else you can do.
#Post#: 83682--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: August 1, 2025, 5:32 am
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Thank you. Noted.
Just so that I understand, are the following correct assumptions
about the Letter of Claim?
1. It will be sent by the debt collector's legal representation?
2. It will be notice of legal action, potentially leading to a
CCJ?
#Post#: 83711--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: jfollows
Date: August 1, 2025, 9:51 am
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A “CCJ”, as in a recorded county court judgement which
negatively affects your ability to obtain credit etc., only
happens if you are taken to court, you lose the case, and do not
pay the fine within 30 days. Even if you lose, which generally
you won’t if you follow advice here, as long as you pay up
promptly there is no significant negative impact on you.
See
HTML https://www.ftla.uk/private-parking-tickets/pcn-from-ukcps-limited/msg74494/#msg74494<br
/>for more analysis.
These parking companies splash around terms such as “CCJ” to
frighten you into paying. You need to be sure you understand
exactly what they mean.
#Post#: 83722--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: August 1, 2025, 10:43 am
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--- Quote from: Karl link ---
>
> 1. It will be sent by the debt collector's legal
representation?
> quote]
>
> Which bit about this was not clear?
>
> [quote author=b789 link=topic=6383.msg83679#msg83679
date=1754043580]
> You can safely ignore any useless debt recovery letter. Debt
collectors are powerless to do anything except to try and
persuade the low-hanging fruit on the gullible tree to pay up
out of ignorance and fear. Never, ever communicate with a
powerless debt collector. You can safely shred the letter from
Trace and use it as hamster bedding for all anyone cares.
>
--- End Quote ---
A debt collector is a third party and has nothing to do with the
contract allegedly breached by the driver. A useless debt
collector cannot do anything, least all instruct a solicitor to
sue you for something that they are nothing to do with!
The contract allegedly breached is between the parking firm and
the driver. ONLY the parking firm can instruct a solicitor to
initiate a claim.
Do you have any understanding of how someone gets a CCJ? Nothing
we advise on here will make anyone get a CCJ.
--- Quote ---
> A County Court Judgment (CCJ) does not just happen—it follows
a clear legal process. If someone gets a Parking Charge Notice
(PCN) from a private parking company, here's what happens step
by step:
>
> [indent]1. Parking Charge Notice (PCN) Issued
>
> [indent]• The parking company sends a letter (Notice to
Keeper) demanding money.
> • This is not a fine—it’s an invoice for an alleged breach of
contract.[/indent]
>
> 2. Opportunity to Appeal
>
> [indent]• The recipient can appeal to the parking company.
> •If rejected, they may be able to appeal to POPLA (if BPA
member) or IAS (if IPC member).
> • If an appeal is lost or ignored, the parking company demands
payment.[/indent]
>
> 3. Debt Collection Letters
>
> [indent]• The parking company might send scary letters or pass
the case to a debt collector.
> • Debt collectors have no power—they just send letters and can
be ignored.
> • No CCJ happens at this stage.[/indent]
>
> 4. Letter Before Claim (LBC)
>
> [indent]• If ignored for long enough, the parking company (or
their solicitor) sends a Letter Before Claim (LBC).
> • This is a warning that they may start a court case.
> • The recipient has 30 days to reply before a claim is filed.
> • No CCJ happens at this stage.[/indent]
>
> 5. County Court Claim Issued
>
> [indent]• If ignored or unpaid, the parking company may file a
claim with the County Court.
> • The court sends a Claim Form with details of the claim and
how to respond.
> • The recipient has 14 days to respond (or 28 days if they
acknowledge it).
> • No CCJ happens at this stage.[/indent]
>
> 6. Court Process
>
> [indent]• If the recipient defends the claim, a judge decides
if they owe money.
> • If the recipient ignores the claim, the parking company wins
by default.
> • No CCJ happens yet unless the recipient loses and ignores
the court.[/indent]
>
> 7. Judgment & Payment
>
> [indent]• If the court rules that money is owed, the recipient
has 30 days to pay in full.
> • If they pay within 30 days, no CCJ goes on their credit
file.
> • If they don’t pay within 30 days, the CCJ stays on their
credit file for 6 years.[/indent][/indent]
>
> Conclusion
>
> CCJs do not appear out of thin air. They only happen if:
>
> [indent]• A parking company takes the case to court.
> • The person loses or ignores the case.
> • The person fails to pay within 30 days.[/indent]
>
> If you engage with the process (appeal, defend, or pay on
time), no CCJ happens.
--- End Quote ---
#Post#: 83740--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: August 1, 2025, 1:00 pm
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Thanks, b789.
1. Not so much 'unclear' as previously unstated. The previous
commented had said to wait until a Letter of Claim is received.
I was asking who might send such a letter.
2. To be clear, I was not suggesting that any advice received
from this forum would lead to a CCJ. I was asking if the Letter
of Claim was a step that would lead to a CCJ.
I do have some understanding of how a person might get a CCJ,
because I had one myself from a parking ticket, and following
advice on this forum, I was able to go to court and have it
removed.
However, in that case, all correspondence leading up to the CCJ
was sent to a different address and never received by me, so I
effectively leapfrogged a few steps in the usual process and had
to act after the fact, re: the CCJ.
In this current case, I am not directly involved with the charge
or parking event at all. I am here to help out another, having
found the forum so helpful last time. So I want to be sure I
don't misunderstand or misrepresent anything. Hence my questions
there.
Thanks again for the clarification, and rest assured, I respect
and trust the advice given here.
#Post#: 83766--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: b789
Date: August 2, 2025, 3:31 am
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Not a problem and thank you for clarifying. It is unfortunate
that the vast majority of motorists who are recipients of PCN,
have very little idea of their rights or how the law applies. I
put this down to a failure of our education system that does not
prepare anyone for brushes with the legal system, civil or
criminal.
Depending on which parking from has issued the PCN, in most
cases, they will use one of a number of bulk litigation firms to
issue the LoC and subsequent claim. A few will issue the LoC and
claim themselves.
As far as I remember, PCS do not often do claims but I recall
one from last year where they used the incompetents at
Gladstones to issue an LoC but the thread was never updated
beyond the LoC stage. However, ALL Gladstones issued claims fail
CPR 16.4(1)(a) which can be used to request a strike out.
#Post#: 88211--------------------------------------------------
Re: Parking ticket on office premises, ticket lost.
DIR By: Karl
Date: September 3, 2025, 4:56 am
---------------------------------------------------------
Updating on this case.
Another identical reminder about the charge was received a week
or so ago. There was no change in the amount, nor anything else
of note, so this was ignored just as the notices that came
before it.
Today, a letter was received (body attached) informing that the
collection agent will be instructing the client to begin legal
proceedings.
I know the advice above was to wait for a Letter of Claim, but
should anything be done in response to this preliminary missive?
In the letter, the refer to the following points as the grounds
for taking legal action:
• Have you paid?
• Have you contacted us? (i)
• Did you unsuccessfully appeal a parking charge using the POPLA
or IAS appeals systems? (ii)
• Evidence of the original parking charge
• [...] attempts to contact you (i)
• Existing case law
i) Obviously they have attempted to make contact, and no
response has been sent on the advice of this forum.
ii) There were no appeals made through any mechanism/system. As
a reminder, this is because the person driving on the day of the
parking event lost the windscreen notice. By the time a notice
was sent in the mail to the keeper, the first window for appeal
had been missed, and the enforcer's website asserted that the
same window applied for the Keeper and had as such been missed.
The website therefore allowed no way of submitting the appeal.
Moreover, attempts to appeal via BPA are rejected if no appeal
has first been made to the parking company.
Just want to check, since a few weeks have passed since the last
update, that the advice at this stage is still to wait.
Thanks!
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