Doing okay so far, help needed now. SUCCESS, WE WIN!

Sam_Fallow

First of all, I'm doing this for a friend and neighbour. He (as the registered keeper) has received three NTKs from our good friends at Elite Management (Midlands) Ltd.

Summary:
#1. Date of Offence -19/06/2014
NTK dated 26/08/2014

#2 Date of Offence -20/06/2014
NTK dated 26/08/2014

#3. Date of Offence -29/07/2014
NTK dated 01/09/2014

All three were replied to using the help on the forum.

They were send independently on three different days on or around 22/09/2014.

As Elite never received any of the correspondence (really?) they intructed UCS to do the chasing.
#1 dated 27/11/2014
#2 dated 27/11/2014
#3 dated 26/11/2014

So, again using the good information found here, we replied with...

P C N Parking Services
PO Box 465
Lavender Park Road
West Byfleet
Surrey KT149BS 03/12 / 2014
Dear Sir

Ref : XXXXX

I note the contents of your letter and your request that I deal with UCS.

For your information, I have already contacted you with a letter of appeal a copy of which is enclosed for you. As this was sent on 22/9/2014 allowing you 35 days to respond. I feel that as this time has passed your claim to any debt is cancelled.

As I have already denied and disputed the parking charge notice and asked for an appeal, I will not respond to any further communication from UCS.

There is nothing whatsoever to prevent your company from considering a challenge at any stage.
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

It is well-established case law that, in the event of legal action, your company would be liable for the full costs of the claim regardless of outcome

As far as I am concerned, I have made a valid challenge, sent on 22 Sep 2014, more than 35 days ago.
The challenge was made along with two other cases and I have received no response from you in the allotted time.
If I do not receive a clear rejection along with a POPLA code within 14 days of the above date, I will regard the challenge as accepted and the matter closed

If UCS are now dealing with the notice I suggest that you pass my challenge on and alert them to its urgency.

Yours faithfully

They replied...


And followed this with... (check the date!)
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I've taken it this far but (due to other matters) my brain is now frazzled. What should our next step be?

Any help, advice, hand-holding, links or just mild applause for managing to put together a decent post would be much appreciated.

ManxRed

Do you have any proof of posting for those appeals?

I have no idea why SolutionLabs Ltd (PayMyPCN) are referring you to the IAS. This is incorrect.

1. Elite Management (Midlands) Ltd with which your friend initially supposedly formed a contract with, are not members of the IPC.
2. SolutionLabs Ltd did not themselves become a member of the IPC until 3rd Oct 2014, three months after these incidents took place.

You need to complain to the BPA Ltd that Elite are refusing to supply your friend with any appeal rejections or POPLA codes.

Oh, and if this ever got to court (which is unlikely) I very much doubt a judge would find - on the balance of probabilities - that the Royal Mail lost ALL three appeals.

Sam_Fallow

Thanks ManxRed.

The only proof of postage is that I was there to witness each of them being posted (during our afternoon dog walk).

I'll have a look through the forum for a sample letter to form the basis of a complaint to BPA.

Does anyone think the date on the last letter is important? I would love to stick it to them with their own mistake.

Coupon-mad

Not a letter - an email in your own words but with the neighbour's name & car reg at the bottom - NOT from you. steve.c@britishparking.co.uk

Redx

when dealing with these issues from now on, bear in mind its best to post the appeals at the Post Office and get a free certificate of posting for each appeal or letter sent (this is what they mean by proof of posting and the BPA may ask for this "evidence" too)

due to the dates of these pcn,s if they were in the BPA then popla should have been offered, not the IAS , so if thats the case you complain to the BPA, as the IPC IAS wont consider BPA timed appeals or vice versa with popla

ie:- they each do their own based on the date of the pcn`s , if they were BPA then you should have been offered popla

so tell them this, also telling them that you are reporting the PPC and the Debt collector to the BPA for non-compliance of the code of practice

the fact that they have placed these on hold pending an IAS appeal indicates you may get 3 popla codes out of this

and yes , I applaud the effort put in so far , shame others tend to not do this "due diligence"

bazster

Ignore PayMyPCN, they are nothing but the oily rag in all this.

If I were he I'd complain to BPA and DVLA that:

(i) Elite sent two late NtK's (the first two were well late), and yet he is still being pursued as the RK even though PoFA 2012 Schedule 4 doesn't apply

(ii) All three were appealed but Elite never responded to any of the appeals hence no PoPLA code was ever received

(iii) Elite's debt collector is now telling him to take his complaint to the IPC, even though Elite isn't a member of the IPC.

(This last point should really pee off the BPA)

Sam_Fallow

Thank you all so much for the advice given. :T

I'll put together an email to BPA with the points already given.

I assume it would be correct to include copies of the letters received and to post a hard copy of the complaint itself to Elite Management?


Just to ice the cake I'll add that the 2nd letter from PayMyPCN was sent outside the four weeks timeframe that they offered (even though they mistakenly managed to jump back in time to last year).

Redx wrote: »

when dealing with these issues from now on, bear in mind its best to post the appeals at the Post Office and get a free certificate of posting for each appeal or letter sent (this is what they mean by proof of posting and the BPA may ask for this "evidence" too)

I know what you mean, but my friend thought I meant registered post and said that P.O. boxes don't get signed for. All other correspondence has proof of post.

Redx wrote: »

and yes , I applaud the effort put in so far , shame others tend to not do this "due diligence"

Thank you, though I'll admit, the way I'm feeling today it's getting beyond my capabilities. I'll resume hostilities tomorrow.

Redx

yes , include copies of all paperwork

although you may feel out of your depth, there are those on here that will help you and your friend to succeed, so when in doubt , ask

you have done enough spadework so far that people here will help you in the final push

bazster

Sam_Fallow wrote: »

Thank you all so much for the advice given. :T

I'll put together an email to BPA with the points already given.

I assume it would be correct to include copies of the letters received and to post a hard copy of the complaint itself to Elite Management?


Just to ice the cake I'll add that the 2nd letter from PayMyPCN was sent outside the four weeks timeframe that they offered (even though they mistakenly managed to jump back in time to last year).




I know what you mean, but my friend thought I meant registered post and said that P.O. boxes don't get signed for. All other correspondence has proof of post.



Thank you, though I'll admit, the way I'm feeling today it's getting beyond my capabilities. I'll resume hostilities tomorrow.

Take your time, you have no particular deadlines to meet. Doesn't matter if you take a day or three to digest it all.

Sam_Fallow

It seems that I get the day off tomorrow.



Three of these arrived in the post today. I have asked my neighbour to keep the noise down as he celebrates tonight. He was getting very stressed out and had to visit his GP with high blood pressure.

Having visited Aldi this morning armed with a copy of the Daily Mirror I have a free bottle of Bordeaux that requires my attention. I will raise a glass to salute all of you avid contributors that help so many.
:beer:

p.s. did I mention there was a fourth ticket?..../

Redx

well done m8 , lol