LDK Group Parking Charge Notice

[kk100]

Hello and thanks for any help,advice and information you can give me.

 

I received a parking charge notice on 7/7/2015 with the reason 'obstructive parking'.

 

 

I sent email appeal notices within a couple of hours with attached pictures of the parking situation

to the email address provided on the parking charge notice (sent from two email accounts to ensure they got through and were not filtered as spam)

but got no reply.

 

 

I continued to email weekly for 3-4 weeks still with no reply and no 'unable to deliver' messages from my email accounts.

 

I also had a friend send an appeal message from his account - he too got no response.

 

I have today received a letter from a collections service charging a higher amount for the unpaid parking charge.

I presume this incorporates their fee.

 

I contacted PCS (parking charge collections) and explained that I had appealed the charge

and am still awaiting a response from LDK.

PCS customer services asked me to forward my appeal email sent to LDK

and they would negotiate on my behalf.

I have forwarded PCS my appeal emails.

 

I have since discovered that LDK have an appeals form on a separate website which is not listed on the parking charge notice.

Should I now complete this form retrospectively and submit to LDK despite it not being indicated on the parking charge notice?

 

Athere were no designated parking spaces in the car park - it is rough 'scrubland'

and I have photo evidence to show cars around me changed while I was parked

as compared to the pictures they have of my car at the time the charge notice was issued.

 

Plus surely, without marked parking spaces, 'obstructive parking' is subjective rather than a fact that can be clearly defined.

 

I don't want to 'go on' too much as this is my first post

 

 

I would welcome any advice on how to manage this and if my appeal to LDK is fruitless

then how to be able to pay the reduced fee that I should be entitled to given

that I did attempt to launch an appeal a per the instructions on the notice.

 

Thanks for you help,support,advice.

[honeybee13]

Hello and welcome to CAG.

 

I've moved you to the private parking forum and left you a link to follow. The forum guys should be along later with advice for you.

 

My best, HB

[dx100uk]

just to let you know

 

 

if there were any road markings anyway

on private land

they are classed as purely tarmac Graffiti

with no standing within any laws anyway.

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=LDK+Group+Parking+Charge+Notice&sa=Search+CAG#gsc.tab=0&gsc.q=LDK%20Group%20Parking%20Charge%20Notice&gsc.page=1

[armadillo71]

A NTD should not normally be responded to.

 

You seem to have been appealing it to the wrong address, hence no reply.

 

So then you get sent a NTK which is what you should have been waiting for any way... this is good.

 

But then you have phoned PCS and probably turned the situation round again!

 

Please give us;

 

Date of parking event.

 

Date of NTK and date you received it.

 

Have you identified the driver in any of your correspondence?

 

From now on,

 

 

Never phone a PPC or debt collector.

[ericsbrother]

Their notice will be a demand for payment for a breach of contract

so unless they define what obstructive parking is and who was obstructed they cannot claim a breach so you cant owe them anything.

 

They have now sent a NTK as they are obliged to do as they dont know who the driver is

and wish to use the PoFA to create a keeper liability for the debt.

 

 

As they have addressed you as the keeper you respond as such, regardless of who was driving at the time

as currently it is a matter between the parking co and the keeper and will remain so unless the driver is identified before any legal proceedings commence.

 

So, what to do?

Appeal saying that there was no obstruction caused by your vehicle and the signage which offers a contract

does not specify what obstructive parking may be so is insufficient to cause a contract to be formed and then broken.

 

Leave it at that as they have to consider and then decide whether to cancel the demand

or reject your appeal and then give you the details of the independent adjudication service they use for the ATA.

 

 

If they failt to to this within 35 days of your appeal then the keeper liability disappears so you now see why we like to keep the driver/keeper separate.

 

The contact from PCS is not PoFA compliant and is worth an extra complaint if you can be bothered.

 

 

Also, as you havent entered a credit agreement with the dca

how do you think that they are allowed to add anything to the debt anyway?

 

 

Dont fall for these co ns as that is all they are.

[kk100]

Thanks for the information and suggestions on how to take this forward. I have not identified who the driver is and agree that the notice does not identify what is regarded as an obstruction - none was caused in fact as cars around me moved freely in and out of the adjacent spaces. Thanks again.