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PCN issued on company pool car

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  • dexman
    dexman Posts: 13 Forumite
    Ermm haha yes ok was a little bit green in the first posts there [hasty edit]


    No formal identification of the driver at least. And the NtK has been dealt with by a colleague representing the company... I hope that's arms length enough!
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ermm haha yes ok was a little bit green in the first posts there [hasty edit]

    A bit too hasty fella, you need to sort out the thread header too. Use the Advanced Edit function, via the 'Edit' button, then 'Go Advanced' button.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • dexman
    dexman Posts: 13 Forumite
    I think several weeks since original post, the ability to change thread title in board list view has expired [ooops]
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    dexman wrote: »
    I think several weeks since original post, the ability to change thread title in board list view has expired [ooops]

    send a pm to crabman (click his name on the sticky thread) and give him the new thread title and ask him to change it for you, take him 20 seconds to do - then its job done
  • dexman
    dexman Posts: 13 Forumite
    Hello,


    Just a quick update with this parking charge. It seems NPS have decided not to refer the appeal to the IAS after all.


    Their grounds for refusing are that an appeal must be lodged within 21 days of the Notice to Driver - effectively that means a registered keeper responding to a NtK has no means of appeal with the PCC or the "independent" appeals service.


    It is a bit disappointing as we would have loved to see what the IAS decision would have been. If this ever does make it to County Court and Gladstones were representing NPS, it would be great to see how the Judge would have viewed this.


    The last comms we had with NPS was an email from a member of their appeals team to one of their directors that was sent to us by mistake - short and sweet but says it all:


    Hi Darren


    Should I add this on to the IAS so he can futilely go through the motions?


    Its a funny slip on their part, and another tick in any future defence... but really it shows how much the system is tipped in favour of these pond dwellers.


    After we pointed out their error, Darren musnt have felt too confident about an IAS appeal so cracked straight on with DRP letter received this morning :D


    Will duly ignore and hope that they are daft enough to listen to Gladstones and issue a claim through the Courts.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    this missing NTK system was reported on by parking prankster recently

    http://parking-prankster.blogspot.co.uk/2015/07/independent-parking-committee-remove.html

    says it all really
  • dexman
    dexman Posts: 13 Forumite
    The removal of keeper appeal actually goes against the IPC CoP which we highlighted to NPS. They didn't seem too interested.


    6.1(g) Provide the Keeper with confirmation of your internal appeals procedures and
    notify them of the Independent Appeals Service at the same time as you send a
    Notice to Keeper.


    6.2 If an appeal is unsuccessful, you must notify the appellant, at the same time as
    you reject their appeal, that they have the right to further appeal to the IAS.




  • bod1467
    bod1467 Posts: 15,214 Forumite
    I've not read the IPC CoP, but is 6.1(g) in any way related to 6.2?
  • System
    System Posts: 178,348 Community Admin
    10,000 Posts Photogenic Name Dropper
    Send all the details to the Senior Risk Officer at the DVLA and tell him/her that this company is failing to abide by the ATA Code of Practice, breaching the KADOE agrrement and as such should be suspended from the Keeper database until they can assure the DVLA Rangers that their systems fully comply.

    Email: kadoeservice.support@dvla.gsi.gov.uk
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • dexman
    dexman Posts: 13 Forumite
    @bod1467


    Yes those items run concurrent in the IPC CoP sub section titled "Operators' Internal Appeals Process".


    The CoP states "allow a minimum of 21 days for the motorist to lodge an appeal". PCC's seem to be using 21 days as their maximum time to appeal, which rules keeper appeal out of the question.


    The CoP also states "allow for appeals to be made outside of the period which is usually allowed where you consider there to be exceptional circumstances for not lodging the appeal within the normal time allowed" - quite how the inability to time travel is not considered an exceptional circumstance is beyond me :D


    @IamEmanresu


    Thanks for the link to DVLA complaint, we will submit that. We have also filed a complaint with the IPC for their member clearly not following the CoP.
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