ticket help UPDATE PCN Cancelled Yay

duffs54

Letters have been sent to DVLA and BPA, lets see what they say, thanks again for help

duffs54

I have written to the DVLA and BPA stating that the invoice should be cancelled due to the fact the NTK was received over the 56 days allowed invoking the RK liability under POFA etc

and I have got this reply from BPA is this good enough, or do I write back to the sender saying that they did not really read my letter stating the above. Thanks guys

Dear ****
I have investigated your complaint with the operator and can advise as follows.

Unfortunately, the operator has not received your appeal and therefore the charge escalated as per normal practice. As you have proof of postage, the operator has agreed to look in to the appeal.

They will review the appeal and respond to you either accepting or rejecting the appeal. If they reject your appeal they will provide a POPLA code to allow you to appeal further to the independent appeals service.

In view of the above, I have closed the investigation.

Thank you for bringing this matter to my attention.

Jim_AFCB

That looks like a result, you should either get it cancelled by them, or cancelled at POPLA.

duffs54

Thanks Jim that is what I was hoping for

Umkomaas

Have you re-sent your appeal? I haven't read right through the whole thread, but my reading of the BPA reply is that the PPC will consider an appeal. If, as they say, they haven't received it, then it will need resubmitting.

Redx

agreed, send it again and remind them that the BPA have sanctioned this re-appeal

this also shows the benefit of having free proof of postage

duffs54

Thank you both, I will resend it again, yes free proof of postage priceless.

duffs54

PCN Cancelled with Napier 56 day rule. Yay :beer:

Thank you all of you that have helped me along this bumpy road:
Redx Umkomaas Coupon-mad 4consumerrights Marktheshark and any one else I have forgotten:A


Rec'd PCN in post in Dec when the so called offence was in August, No appeal as they went straight to a debt collector as they didn't receive my appeal, which was sent with a priceless free Post office proof of purchase.
Complained to DVLA (not heard anything) and BPA who did respond and contacted Napier on keepers behalf.

Got letter from Napier today.:D

The keeper is now banned form using the said carpark on the grounds that the keeper behaved unreasonably and they have incurred a significant loss because of this incident. Police action will follow if the keeper ever parks there again as they own the land, it is attached to a shop.

I would like to thank all of you that helped me.:beer:

Dear Sirs

Re: PCN No. ***********

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.
g). The NTK was received over the 56 days allowed invoking the Registered Keeper liability under POFA


ETC. ETC.

trisontana

I have started a separate thread about that silly Napier letter