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  • FIRST POST
    • PaulTurner
    • By PaulTurner 14th Aug 17, 8:57 AM
    • 20Posts
    • 14Thanks
    PaulTurner
    Elite Management Midlands Ltd
    • #1
    • 14th Aug 17, 8:57 AM
    Elite Management Midlands Ltd 14th Aug 17 at 8:57 AM
    Hi all,
    I've read through the Newbies section so I'm just looking for clarification before I do anything else:

    I received my PCN stuck to my windscreen on 9th August after visiting a friends flat. I actually watched him do it, he waled straight through the car park and put the ticket on, without checking any other cars! Anyways...

    1 - I've checked and EMM Ltd are a member of BPA.

    2 - As it's a company car, I am appealing NOW, not waiting for the 21-26 days.

    3 - I will be emailing EMM (no on-line form to fill out on their website) the following:

    Dear Sir,

    Parking Charge Notice [mine]: Vehicle Registration [mine]

    I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Elite Management Ltd (“EMM”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

    You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why EMMs Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

    Given that EMM has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

    Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


    Yours faithfully,


    4 - EDIT - Provide my name and address so they can deal with me direct rather than DVLA / my employer.

    Thanks all,
    Paul
    Last edited by PaulTurner; 14-08-2017 at 9:40 AM.
Page 2
    • PaulTurner
    • By PaulTurner 16th Sep 17, 5:12 PM
    • 20 Posts
    • 14 Thanks
    PaulTurner
    Oooh... that's quite strong!!

    Can they go down the Freedom Act thing? I did actually give them my name & address as the day to day keeper!

    So do I actually copy those people in on the email too?

    Thanks
    • Coupon-mad
    • By Coupon-mad 16th Sep 17, 5:35 PM
    • 50,142 Posts
    • 63,510 Thanks
    Coupon-mad
    Can they go down the Freedom Act thing? I did actually give them my name & address as the day to day keeper
    No idea what you think it means. It just means they might send a Notice to Keeper to the Company so you need to stop them, NOW:

    As it's a company car

    So do I actually copy those people in on the email too?
    Yes of course, the thugs aren't going to cancel if just you are asking. They need to be leaned on.

    Oooh... that's quite strong!!
    They are ex-clampers, knuckle-draggers trying to scam you. Are you happy about that? You might choose to remove:

    You and your ilk are an embarrassment to your gutter-dwelling industry.
    Maybe replace it with this (I've changed 'registered keeper' to 'vehicle's keeper'):

    Dear Elite,

    The BPA tell me you were required to act under their Code of Practice at the time of the parking event. Where's my POPLA code and why are you denying the right of a vehicle's keeper to appeal, and suggesting that appeals cannot be considered without the driver's name, and telling me that appeals have to be based upon mitigation?

    This is all lies so I have copied in Mr Dunford (DVLA) and Mr Clark (BPA) to add weight to my right for a POPLA code to be provided in your rejection letter.

    Try again - POPLA code please.

    yours,


    Warn your company they might get a scam letter from a firm you have reported to the DVLA. Are they the car's owners or is it leased? If so, also warn the Lease company owners/fleet service, not to pay if they get a 'Notice to Keeper' letter because it's from a notorious ex-clamper firm who are denying you a right to appeal, and you've reported them to the DVLA.

    Warn them now NOT to pay Elite nor treat any letter as if it is a real penalty, and to pass it to you as the day to day keeper to continue your complaint.
    Last edited by Coupon-mad; 16-09-2017 at 5:38 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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