Elite PCN first appeal - is this okay/sufficient?

TeacherTeacher

Two separate appeals were sent, one for each ticket, on the same day.

Under the subheading "IMPORTANT NOTICE TO REGISTERED KEEPER" on each original Notice to Registered Keeper, they state, "If you are unable to provide the driver's name and valid address and the amount remains outstanding after 28 days, the Creditor has the right to recover unpaid parking charges from the registered keeper as described under schedule 4 of the Protection of Freedoms Act 2012. In the event of non-payment we reserve the right to pass this matter to our appointed Debt Collection Agency and the costs of recovering this PCN will be added to the amount outstanding".

As I said, each NTK was dated 14.3.14, both received after the 56 days, both appealed within the deadline, no reply received from Elite Management and the debt collector letter was received today and dated 8.4.14, before the 28 days allowed for an appeal.

What do I do next?

ColliesCarer

As your appeals were only sent on 1/4/14 they are still with the 14 days to acknowledge and 35 days to respond that the BPA CoP gives.

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it.

As you have appealed they should have stopped processing these PCN's pending the outcome, the BPA CoP states this.

22.6 When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately.

So I would say, you need to complain to them about the Roxburghe letter and report them to the BPA, DVLA and CSA for this breach and demand they either cancel the charge or supply a POPLA code. I would also include a copy of the appeal (with copy proof of posting). One letter per PCN

Draw their attention to these two paras from your original appeal
Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.


But see what others think

TeacherTeacher

Thank you.

TeacherTeacher

When you say "complain to them", do you mean to Roxburghe or Elite? Also, do Roxburghe ever take it any further?

ColliesCarer

TeacherTeacher wrote: »

When you say "complain to them", do you mean to Roxburghe or Elite? Also, do Roxburghe ever take it any further?

I meant send a letter of complaint to Elite.

Beyond sending more 'scary letters' some even with red writing on :eek: Roxburghe can do nothing - they are a debt collectors - there is no debt just a scam invoice.

have a read of post #4 on the NEWBIES sticky thread (linked for you below)

http://forums.moneysavingexpert.com/showthread.php?t=4816822

TeacherTeacher

How does this sound? I am sending this to Elite; do I need to communicate with Roxburghe at all?

REF: Elite Management (Midlands) Ltd
PCN number: XXXXX
Vehicle Registration Number: XXXX XXX


Dear Sir/Madam,

LETTER OF COMPLAINT

As the registered keeper, I am in receipt of a letter from Roxburghe dated XXXX which states that you have informed them that you have not received any dispute regarding the above PCN. This is a lie; you were sent a FORMAL APPEAL OF NOTICE TO REGISTERED KEEPER UNDER THE POFA 2012 on XXXX, both by post and email. I am enclosing a copy of the original letter, along with proof of postage.

As a member of the British Parking Association, you have agreed to support and uphold the principles of their Code of Practice, which you have clearly failed to do. I refer you to the following sections:

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it.

You have done neither.

22.6 When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately.

By instigating the letter from Roxburghe, it is clear that you have continued to process the charge.

I am also drawing your attention to the following paragraphs from the original appeal:

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

As you have ignored my formal appeal, you are clearly breaching the BPA Code of Practice and I shall now be reporting your unprofessional conduct to the British Parking Association, as well as the DVLA and the Credit Services Agency.

I demand that you either cancel the charge or supply a POPLA code immediately.

Yours faithfully

TeacherTeacher

Is it okay to post as it is?

ColliesCarer

Hi,

Personally, because you never know who may ultimately have sight of your correspondence to them - I wouldn't use the "L" word - perhaps

"Clearly you have misinformed them; you were sent a FORMAL APPEAL OF NOTICE TO REGISTERED KEEPER UNDER THE POFA 2012 on XXXX, ..................."

and I would give them a deadline e.g.

I demand that you respond with either a cancellation letter or a detailed rejection letter containing a POPLA code within x days.
Please take formal note: If you fail to send either of the above responses within the time scale stated, I will consider the matter closed.

The only response if you want to send it that it may be worth sending to Roxburghe is a simple statement that you deny the debt and refer them back to Excel - perhaps also adding an amended point a) from the formal notes regarding harassment

TeacherTeacher

Thanks. How many days is the norm?

ColliesCarer

Well BPA CoP says they should respond to an appeal within 35 days so as you sent it on the 1/4/14 maybe give them exact date when the 35 days will be up rather than a number of days from this letter.

And send one of these letters per PCN