Elite Management invoice

Tangsoodo_2

Noticed that they haven't mentioned t&c or breach of contract. Guess these companies are wising up. I'm sure I read somewhere ( maybe BPA rules) that they should provide two phone numbers on their signs, one of which should not be a premium rate number. I will see if I can find it again

Stroma

Yes but they say tickets will be given for the following reasons , which is their terms and conditions

Tangsoodo_2

Thanks. I've been trawling through the BPA codes of practice. They do need to provide a second number ( section 18.7) but it doesn't say it has to be on the sign. When you phone the number they do provide another so they are covered there.

Only other minor things I can find are section 18.8. They should display BPA AND AOS logos on the sign ( yes I know it's nit picking :rotfl:)

Also I think they break section 19.9

You should warn drivers that if they delay payment beyond a payment period of 28 days, and you need
to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices

Tangsoodo_2

Not sure if this has been posted elsewhere but here is a link to POPLA 2013 report. A bit of night time reading



.popla.org.uk/London%20Councils/POPLAAnnualReport.pdf

Obviously with the www bit in front.

Tangsoodo_2

Well the 56 days has passed ( assuming it's not working days) and I've received no NTK.

So I'm thinking one of two things.....

Either

1 Elite Management are a little smarter than the average PPC and are just relying on profit from the 99% of people that pay In stead of making themselves look incompetent like PE by having all the publicity of POPLA loses

Or

2 I will get a threatogram in about a months time claiming that I've missed my chance to appeal and the NTK must have gone missing in the post.


I wonder which

Tangsoodo_2

Well the answer to my above post is number 2.

Today I received a notice to owner from Parking Controlled Services ( AKA debt recovery). I've had no correspondence from Elite Management who have just passed it straight to threatogram stage.

I've got to do a bit of searching about my next move but can I run a couple of questions past you so that I know what letters to concentrate on.

Do I

1 send a letter and email to PCS stating I deny the claim and to pass it back to Elite also stating that any further letters from them will be reported as harassment. Also stating the NTK does not comply.

2 send a soft appeal to Elite via proof of post and email requesting cancellation or POPLA code, also pointing out they are past NTK time.

3 email DVLA asking why they gave Elite my details outside of the 56 days.

Here is the letter


http://i1031.photobucket.com/albums/y376/tang-soo-do/elite%20management/5D504403-F1F7-4D50-ABD8-847A8D81BFF7-7790-0000149386C8A24D_zps0ac487b9.jpg

Stroma

Two and three , send the appeal to elite

Tangsoodo_2

Thanks for quick reply. I will get onto it tonight when the kids are settled. So there is no point in telling the debt recovery to back off? Best to just ignore them?

Stroma

Just ignore them for now, make sure you get a free proof of postage if using the mail

Tangsoodo_2

I've been having a look around the forum and have adapted this letter for soft appeal to Elite ( not parking collection services)

Dear Elite Management (midlands) LTD

I am in receipt of a Notice to Owner from Parking Collection Services ref xxxxx dated xxxxxx on your behalf. This notice is in clear breach of the Protection of Freedoms Act 2012 schedule 4 and is also non compliant with the BPA codes of practice. I am unable to forward you the drivers details and am not bound to do so.

As the registered keeper of (reg) I have obtained your parking invoice xxxxx dated xxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
4) Keeper liability cannot be established.

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA have issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

Any correspondence with Parking Collection Services will be ignored.