Elite Management ticket, want to challenge!

Eli83

A friend has suggested I come here to ask for advice. I've read the advice for newbies and want to check a few things. I got a parking charge notice from Elite Management Limited (Midlands) on 26th January (yesterday.)

I understand I need to send the template letter, challenging the PCN as keeper. However, I read this part and don't know whether to send the letter now, or if I should wait:

If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, andbetween day 29 and day 57 if there was a windscreen ticket. Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then!

Can anyone walk me through this, please? How do I know if they're a firm that alleges 'keeper liability', or whether to wait before sending the challenge letter?

I read this bit and want to get it right!

Why wait for the postal NTK and why not admit who the driver was?
- Under POFA 2012 the registered keeper has a stronger set of appeal grounds than a driver.
- Another reason is if a PCN does not have the wording from Schedule 4 or if it's a 'byelaws' car park (e.g. Railway, Port, Quay, Airport) then the PPC can only pursue the driver, so by appealing as the keeper you keep that information anonymous.
- Some PPCs never send any letters; they are not allowed to get the DVLA data at all if they are not a member of an 'Accredited Trade Association' currently, either the BPA or IPC.

Victims who rush to appeal could be handing a scam artist their details on a plate and - almost as bad - pointlessly throwing away appeal grounds open to the keeper.

Redx

thay are in the BPA if you look at the BPA website

now the problem you have is to decide if they are pursuing the driver (with the windscreen ticket) , or if they try to invoke POFA 2012 upon the keeper (with a postal NTK) - once they havent heard from the driver

you also need to know if they give the back office work to debt collectors (therefore not sending out the NTK but leaving it to the debt collectors)

the problem here is knowing the future outcomes, so that tends to be based on previous experiences to other people

so try the search box and see what others (if any) have had or have done

personally I cannot tell you which way to jump as I hadnt heard of them until you asked, which should tell you something about them (small fry)

bod1467

What can be done is for the keeper to appeal (as keeper) about 22 days after the windscreen PCN, using the template appeal from the NEWBIES thread (drop the "rant" section if you wish), and send by post (getting a free certificate of posting from the PO). This means an appeal is sent in on time, and the PPC won't likely then seek keeper details from DVLA.

This means there is no keeper liability - there are specific proscribed actions a PPC must take to invoke keeper liability, one of which is to request keeper details from DVLA.

Regardless - if they accept the appeal, great. If they don't, take it to POPLA and win.

Sam_Fallow

Redx wrote: »

personally I cannot tell you which way to jump as I hadn't heard of them until you asked,

Not quite true, you heard of them when you helped me in my dealings with them.

link

eli83, I just followed the noobie stickies threads and got a successful outcome. EM are a bunch of amateurs who would struggle to find their own backside with both hands. I got letters from 3 different debt collectors all with the same address as EM.

Always get proof of postage with any communication you send them (I never emailed them) and they claim to never receive any of the FOUR appeal letters sent to them. No way could the Post Office lose 4 items on 4 different days to the same address.

Coupon-mad

I just followed the noobie stickies threads and got a successful outcome. EM are a bunch of amateurs who would struggle to find their own backside with both hands.

Too right!

Eli83

Thankyou so much everyone! I was especially pleased to hear others have had a positive outcome. So I dont need to worry about the NTK, Just wait 22 days and send the draft letter, ensuring proof of postage? Many thanks again!!:beer:

Coupon-mad

Yep and the reason for waiting the 22 days or so, is that most silly smaller PPCs like Elite, then reply to the appeal but forget to serve any NTK at all by day 56. And guess when your POPLA appeal will then be due? After day 56 or thereabouts because you've deliberately waited 3 weeks at this early stage.

Guess what one of a registered keeper's appeal points would then obviously be, at POPLA stage (again deliberately the timing the POPLA appeal to be submitted shortly before the 28 days then too)? 'No keeper liability because the PPC has not served any Notice to Keeper'! SLAM DUNK WINNING POINT.