3. Parking ticket on office premises, ticket lost.
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Re: Parking ticket on office premises, ticket lost.
« Reply #60 on: »
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.
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Re: Parking ticket on office premises, ticket lost.
« Reply #61 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking ticket on office premises, ticket lost.
« Reply #62 on: »
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 £170.

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.

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« Last Edit: August 01, 2025, 11:11:33 am by Karl »
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Re: Parking ticket on office premises, ticket lost.
« Reply #63 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking ticket on office premises, ticket lost.
« Reply #64 on: »
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?
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Re: Parking ticket on office premises, ticket lost.
« Reply #65 on: »
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 https://www.ftla.uk/private-parking-tickets/pcn-from-ukcps-limited/msg74494/#msg74494 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.
« Last Edit: August 01, 2025, 03:54:54 pm by jfollows »
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Re: Parking ticket on office premises, ticket lost.
« Reply #66 on: »
Quote from: Karl on August 01, 2025, 11:32:01 am
1. It will be sent by the debt collector's legal representation?
quote]

Which bit about this was not clear?

Quote from: b789 on August 01, 2025, 11:19:40 am
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.

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:

1. Parking Charge Notice (PCN) Issued

• 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.

2. Opportunity to Appeal

• 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.

3. Debt Collection Letters

• 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.

4. Letter Before Claim (LBC)

• 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.

5. County Court Claim Issued

• 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.

6. Court Process

• 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.

7. Judgment & Payment

• 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.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.
• The person loses or ignores the case.
• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking ticket on office premises, ticket lost.
« Reply #67 on: »
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.

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Re: Parking ticket on office premises, ticket lost.
« Reply #68 on: »
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.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Parking ticket on office premises, ticket lost.
« Reply #69 on: »
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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Re: Parking ticket on office premises, ticket lost.
« Reply #70 on: »
Continue to await a letter of claim. There is nothing to be gained by engaging with debt collectors.
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Re: Parking ticket on office premises, ticket lost.
« Reply #71 on: »
Which bit about “”debt collectors are powerless to do anything” is not understood?

They rely on the low-hanging fruit on the gullible tree to react out of ignorance and fear, which is what you appear to be doing. You can safely ignore everything you receive from a useless debt recovery agent. IGNORE them.

Come back when you receive the LoC.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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