PCN from Elite Management

Fruitcake

SS381 wrote: »

So even though the keeper (me) provides my details, they still have to go through DVLA to get them?
How would you prove that they did?

Possibly a freedom of information request about how many applications the PPC has made concerning the vehicle registerd in your name?

Hopefully one of the experts will be able to advise you better in a while.

Umkomaas

Here's a link that might help.

http://parking-prankster.blogspot.co.uk/2015/06/dvla-reverse-position-on-charging-to.html

bod1467

It might need to be a SAR (Subject Access Request) rather than a FOI request, but that's basically it.

SS381

So here goes...

It's day 20 today (if you don't count the day of the PCN).
Email is ready to go using the template provided on this forum, with no changes to it what so ever.

Do I assume that the day they get my email appeal is day 1 for them, and they have 14 & 35 days from then to acknowledge and provide a decision respectively?
Just want to make sure I'm getting all my days lined up and ready in case they over run in which case I can use that against them.
Also, as I'm appealing by email, is it safe to assume that an email reply should be sent by them within business hours (09:00 - 18:00), and that any emails sent after that time can be counted as the next day?

Redx

doesnt really matter as most ppc,s fail to reply within those timescales and the BPA do not enforce those timescales either

so yes you may be able to complain to the BPA if they fail to acknowledge or to reply within the BPA CoP , but it wont affect the outcome IMHO, even if the BPA sanction them for not observing the "rules"

the day they receive the appeal is day 0 , same as a "contravention"

I think you are taking this too literally

Coupon-mad

If you are emailing leave it longer, till day 26 or 27 during working hours, before 5pm. I only suggest day 20/21 or whatever I say on the Newbies thread, to stop people from sending appeals that arrive late if they post them on a Friday, snail mail. You aren't doing it that way and you are obviously ready to appeal so do it as late as possible! It's to get you past day 57 by the time your POPLA appeal has to go in.

Them being late with the rejection isn't an issue so forget about 'using that'.

Them forgetting to send a Notice to Keeper is a whole different ball game and is what you are trying to achieve by day 57! Gives a keeper who points it out, a slam-dunk win at POPLA after day 57.

SS381

Redx wrote: »

I think you are taking this too literally

Yeah maybe am a little.... ooops!!
Just trying to make sure they don't screw me over in any way by letting them have a day here or there - sure they wouldn't do the same

Coupon-mad wrote: »

If you are emailing leave it longer, till day 26 or 27 during working hours, before 5pm

Will have to be day 25 (this Friday) as don't want to risk it over the weekend, or on Monday which would be a little too close to the deadline


Once again - THANKS to all of you for your help and support so far.
Will keep you advised of any outcomes as and when they happen

Redx

thay have 6 years to chase the invoice (using the small claims court which started 42 years ago), if adhering to POFA 2012 they need to do as CM said and ensure you get the NTK between day 29 and day 56 , that is law

the other deadlines are just made up rules with no legal significance and the BPA is a trade body paid for by the PPC,s so they wont care

its the day 29 to 56 day POFA rule you need to focus on , after your appeal goes in

then the 6 year MCOL law (small claims court)

those are the statutory laws, the rest arent

if you get a popla code, it has a 28 day expiry, you dont miss that one either !

SS381

Hoping to get this sorted by appeal or POPLA to be honest.

6 years down the line and being chased by the Small Claims Court - no thanks


Just as a sidenote - spoke to the landowners today (without giving any details as to who what where etc) and explained how the PCN came about.
They point blank refused to intervene, but happy to offer me a free lunch at the location as a goodwill gesture!

SS381

Email sent using the template word for word (aside from the obvious details like my name, address, PCN number etc)

Here's to hoping