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  • FIRST POST
    • ParkingBad
    • By ParkingBad 26th Sep 17, 12:51 AM
    • 8Posts
    • 5Thanks
    ParkingBad
    Elite Management Midlands Ltd Appeal
    • #1
    • 26th Sep 17, 12:51 AM
    Elite Management Midlands Ltd Appeal 26th Sep 17 at 12:51 AM
    Hi guys,

    So I know someone who gets parking charges quite often and always pays up. So i thought i'd give the appeals process a shot on behalf of this individual. Worst case scenario he/she pays up anyway, maybe a bit extra with the added fees if it comes to that.

    So long story short, the PCN was sent by Elite Management Midlands Ltd so I used the template from the newbies thread and sent off the appeal. Got the following response from them.


    "Thank you for your appeal, your comments have been noted accordingly.

    Please note that under the Protection of Freedoms act 2012 (POFA 2012), if the drivers details are not provided, the keeper will remain liable. The vehicle was parked on private land without authorisation from the land owner which is clearly advised on the signage approved by the British Parking Association (BPA).

    If you were not the driver of the vehicle at the time of the contravention, we suggest providing the drivers details so that liability can be transferred

    The outstanding balance of £100 remains due. Without payment or the drivers details, the account will progress and further charges may apply.

    Kind regards


    I'm confused as to where i go from here? i was expecting a POPLA code at the very least but nothing of that nature. Seems as though they just want the drivers details or payment? Obviously not going to provide that but how do i proceed further from here. Any help would be greatly appreciated! Thanks
Page 1
    • KeithP
    • By KeithP 26th Sep 17, 12:59 AM
    • 3,890 Posts
    • 2,126 Thanks
    KeithP
    • #2
    • 26th Sep 17, 12:59 AM
    • #2
    • 26th Sep 17, 12:59 AM
    Ignore that and wait patiently for your POPLA code.
    .
    • ParkingBad
    • By ParkingBad 26th Sep 17, 1:17 AM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    • #3
    • 26th Sep 17, 1:17 AM
    • #3
    • 26th Sep 17, 1:17 AM
    I remember when i had a PCN of my own a few months back, i didnt do my research prior to my appeal and told the company i was the driver. My appeal was rejected straightaway and was given a POPLA code.

    No details of the driver were given in this appeal and it seems as though they are delaying the POPLA code to see if i provide driver details or pay up or is this normal practice?. Am i right in thinking its safe to ignore them until they provide a POPLA code?
    • Coupon-mad
    • By Coupon-mad 26th Sep 17, 1:20 AM
    • 50,577 Posts
    • 63,953 Thanks
    Coupon-mad
    • #4
    • 26th Sep 17, 1:20 AM
    • #4
    • 26th Sep 17, 1:20 AM
    Ignore that and wait patiently for your POPLA code.
    Originally posted by KeithP
    I agree, this is a standard tactic, ignore it or choose to reply ''give me my POPLA code or I will report you to the BPA and DVLA''!
    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.

    • ParkingBad
    • By ParkingBad 26th Sep 17, 1:30 AM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    • #5
    • 26th Sep 17, 1:30 AM
    • #5
    • 26th Sep 17, 1:30 AM
    Thanks guys, i'll ignore it and bump this thread when there is an update
    • nosferatu1001
    • By nosferatu1001 26th Sep 17, 10:32 AM
    • 579 Posts
    • 697 Thanks
    nosferatu1001
    • #6
    • 26th Sep 17, 10:32 AM
    • #6
    • 26th Sep 17, 10:32 AM
    Which is that you have your rejection letter with POPLA code, and your POPLA appeal is now...

    As you should already be drafting it
    • KeithP
    • By KeithP 26th Sep 17, 11:57 AM
    • 3,890 Posts
    • 2,126 Thanks
    KeithP
    • #7
    • 26th Sep 17, 11:57 AM
    • #7
    • 26th Sep 17, 11:57 AM
    Am i right in thinking its safe to ignore them until they provide a POPLA code?
    Originally posted by ParkingBad
    Isn't that what I said earlier?
    .
    • ParkingBad
    • By ParkingBad 26th Sep 17, 7:32 PM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    • #8
    • 26th Sep 17, 7:32 PM
    • #8
    • 26th Sep 17, 7:32 PM
    So after reading through a few threads and a bit of digging online, I have come to realise that EMM are now members of the IPC, since 14/08/17. Is this why they havent generated my POPLA code?

    PCN contravention date is 25/08/17. They are still down as members of BPA and I've already appealed to them using the BPA template and the response i got from them has been copied into post #1
    • Redx
    • By Redx 26th Sep 17, 7:37 PM
    • 15,908 Posts
    • 19,949 Thanks
    Redx
    • #9
    • 26th Sep 17, 7:37 PM
    • #9
    • 26th Sep 17, 7:37 PM
    so follow the IPC advice from that NEWBIES sticky thread

    and IGNORE them , unless they send an LBC (or an MCOL from Northampton) within 6 years
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ParkingBad
    • By ParkingBad 26th Sep 17, 7:44 PM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    so follow the IPC advice from that NEWBIES sticky thread

    and IGNORE them , unless they send an LBC (or an MCOL from Northampton) within 6 years
    Originally posted by Redx
    Following the IPC advice from newbies thread means appealing using the IPC template. I'm guessing this is probably a bit daft as I've already appealed using BPA template, do I now send off the IPC template to them? lol
    • Redx
    • By Redx 26th Sep 17, 7:46 PM
    • 15,908 Posts
    • 19,949 Thanks
    Redx
    nope. you appealed , they rejected, nothing more to add

    the fact you used the wrong template doesnt really matter too much

    an appeal is an appeal, and most companies reject appeals anyway
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ParkingBad
    • By ParkingBad 2nd Oct 17, 10:09 PM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    So I've been keeping a look out for any post or emails just incase there is any further development to this situation. Nothing of that sort since their last message which is pasted into the first post. I've logged in to the online account and seen that they have increased the parking charge? from £100 its now nearly £200 + whatever the card surcharge is. No doubt they have another letter out to me but is this whats going to happen? extra charges just piling up? starting to doubt whether or not ignoring them is actually going to help me
    • ParkingBad
    • By ParkingBad 9th Oct 17, 7:16 PM
    • 8 Posts
    • 5 Thanks
    ParkingBad
    EMM passed on my details to their debt agency ZZPS. The charged was bumped up to £172.
    No rejection to my appeal and no POPLA code.

    As the PCN i received had BPA basically written all over it i sent off a complaint about the events that have unfolded so far. Received a response stating EMM are no longer members of the BPA.

    I then contacted EMM explaining what BPA said and they responded saying they are BPA members?? They have now even provided me a POPLA code lol.

    EMM also mentioned that the letter i received from the debt agency ZZPS was in error!
    The charge has now gone back to £100. Surely this is a misuse of my personal data?
    • Redx
    • By Redx 9th Oct 17, 7:22 PM
    • 15,908 Posts
    • 19,949 Thanks
    Redx
    only if you can get the DVLA and the ICO to agree with you

    meanwhile, if you have a popla code , draft a popla appeal like you were told earlier

    they may well be members of both trade bodies, many are, the difference is in the shape of the logo (so they are probably corporate members of both trade bodies, hence they could have a valid membership)

    for appeals , we talk about which AOS they subscribe to , totally different

    so as you have a popla code, get drafting and use it

    you can worry about DPA issues and membership issues much later down the track as you have 6 years to bring a DPA court claim (with proof of course)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • andytaylor
    • By andytaylor 9th Oct 17, 9:06 PM
    • 20 Posts
    • 15 Thanks
    andytaylor
    No doubt they have another letter out to me but is this whats going to happen? extra charges just piling up? starting to doubt whether or not ignoring them is actually going to help me
    Originally posted by ParkingBad
    Assuming they are fully POFA compliant, the Keeper can only be liable for the amount on the original Notice to Keeper (in your case £100). Even if you lost in court, the total should be under £200.
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