NTK from PCS on behalf of WY Enforcement

Saf_789

Hi all,
Recieved this NTK a few days ago (Postal, no ticket on windscreen).
The driver was stopped on a spot where a permit was required to park, (stopped for approx 10 mins with engine running)

I was drafting an email to them, as per the draft letter in post 1 of the newbies thread but thought i should check that i am on the right lines because:

I am thinking of appealing/contesting on the fact that the NTK doesnt meet requirement 9 of POFA 2012 in that it doesnt state a total charge, only the charge of the reduced rate if paid with 14 days.

See 9 2(d):
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));


BUT then i realised that post 1 of the sticky states that if they dont cite POFA 2012 in the NTK (which they havent) then the keeper is not liable anyway, SO should i still continue with the non compliant NTK route or just write that because they havnt stated POFA2012, i as the keeper an not liable?

Which is the best route?

Cheers in advance.

(i cant add attachments! I can email the image to somebody if they can attach it for me? It will help to see the wording used.)

Saf_789

Nobody so far?
Was hoping to post the letter out today.

ManxRed

If they're not relying on Keeper Liability then it's pointless appealing on that point.

Just stick to the tried and tested points, the charge doesn't represent a genuine pre-estimate of loss, and the parking company doesn't have the necessary legal standing on the land.

Then, once they reject the appeal, come back and put together a POPLA appeal using the code they'll supply with your appeal rejection.

DON'T SAY WHO WAS DRIVING.

Saf_789

Ok, ill send the standard one from post 1 with a few changes.
Thanks. Will update this thread again once i get the rejection.

Saf_789

By the way, shall i just email them? or stick to postal letter?
They do have an email address to appeal to

Coupon-mad

Email is best I reckon.

Saf_789

Ok so i have used the template as suggested and submitted it via their online appeals process
@ www.parkingcsl.co.uk/appeals

Will wait to hear from them and update this thread once i hear something.
I will then need to start putting together my appeal for POPLA.
Thanks for the help so far guys.

Saf_789

A quick update for the people who helped me on this. Today is the 34th day since i emailed in my appeal online. My letter template stated that i look forward to their reply within 35 days. I have not had anything back yet.
Their site states all appeals submitted online with recieve a written reply within 14 days.

Either way i have not yet recieved anything back. Postal or Electronic.

Should i assume they have cancelled the charge?

enfield_freddy

ongoing complaint to the BPA regarding PCS and there appeals system


"
perhaps you could look into PCS website , they ask you to fill in an online appeal , here http://www.parkingcsl.co.uk/appeals/form.php , however when you go to read there privacy statement , and then tick to say you accept it

a: it takes you to another company's website
b: the link is dead http://www.debtrecoveryplus.co.uk/privacypolicy/index.html

so to complete the appeal , you must accept unknown conditions implied by another company.

I have emailed them 3 times asking for the link to be fixed , of a copy by PDF , but just received tha automated "we will contact you within 28 days" reply.

please also note , that there contact email is not viewable on there website , and must be extracted from a previous email.


effectively there is no appeal service offered by DR+/PCS

thank you "


the BPA are not interested

Herzlos

They are more likely to have claimed to have sent you a rejection letter in the post, than to have cancelled it.

Email them again asking for confirmation of cancellation.

Saf_789

Ok i have submited the following through their appeals process as this is the only contact method online.

"This is not an appeal. I contacted you over 34 days ago and have not yet recieved a response.
As per my letter, this matter is now closed as you have failed to respond within the timeframes stated by you or by me.
You will not recieve any further communication from me and any further demands of payments will be ignored.

I now require confirmation of cancellation of the charge.

Thank you"