PCN from PPS at Hull Port - Received NTK - What next?

willberine

Stroma wrote: »

I don't think so , a notice to keeper would be worded as such, and I can't see anything like that. But importantly the charge is to much as £130 is above the bpa CoP . I am pretty sure they will write back saying to late to appeal. I will be amazed if they give a popla code

What do you suggest I do?

wilberine - both stroma and da_rule are strong and expert advisors on these threads, so it seems to me that their disparate interpretations are even stronger evidence re: confusion as to what this paper tripe is for.

A re-send, perhaps including 'conflicting expert opinion'...?
-and to [EMAIL="SteveC@britishparking.co.uk"]SteveC@britishparking.co.uk[/EMAIL] of course.

Do you mean a re-send of the appeal I sent to PPS as the initial appeal earlier today? What do you mean by conflicting expert opinion? How would I add this into the e-mail?

Thanks for all your help.

Stroma

It's conflicting because in some parts it looks like a NtK , but it's not worded as such, it doesn't say who the creditor is, the amount is to much. They word it as if they are acting for someone, but it's themselves. The letter is an abomination. And it doesn't comply with the BPA CoP

willberine

It seems to me they are just fishing to find out who the driver was, as it states on the back as I posted above 'Failure to supply the information may result in a claim being issued against you personally as the registered keeper of the vehicle'

Other than demanding payment the only info they are asking for is whether I was not the RK or if I was the RK but not the driver....

Stroma

Well you word everything as the registered keeper, even in complaints to the bpa and dvla. They can fish all they like, never give the info they are chasing you for

da_rule

ampersand wrote: »

wilberine - both stroma and da_rule are strong and expert advisors on these threads

Thanks, but I think that might be overplaying my hand slightly

Whilst there is some confusion as to whether this is a reminder or a Notice to Keeper the advice is pretty much the same....appeal.

The fact that it is confusing and isn't compliant with POFA in either case is another grounds of appeal on top of the usual no genuine pre-estimate of loss etc.

willberine

Whats the best way to approach my complaint to the BPA?

Write expressing that PPS have not complied with the code of conduct due to them requesting £130?

I assume I cannot just send them the appeal I sent to PPS in the first instance.

Redx

I would appeal to the BPA that their CoP is not being complied with and also attach all correspondence so far, also mentioning that any rejection of a direct appeal to a PPC should mean that a POPLA code is sent by return in the rejection letter, not fishing for drivers details as per the recent BPA newsletter

ampersand

willberine wrote: »

conflicting expert opinion? How would I add this into the e-mail?

Thanks for all your help.

#########
Stroma and da_rule have expertise exceeding anything of any ppc employee, or tame in-house solicitor. A simple, truthful sentence covers this: 'I sought expert advice and it is unclear whether blahblah...'

Now, you have redx too, so you're fully armed.

da_rule

I would just say something along the lines of:

"I have shown this correspondence to many people, who have been unable to confidently say whether this is a Notice to Keeper (BPA CoP para 23.4a) or a reminder (BPA CoP para 23.4b). As this correspondence is so misleading and confusing I would assert that it cannot be considered 'Best Practice' (BPA CoP para 2.1)."

willberine

Thanks ever so much guys, will get back on to it tomorrow.