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PCN from Elite Management

13

Comments

  • SS381
    SS381 Posts: 18 Forumite
    Hi all.

    I've had a reply back from the PCC on the 7th day after I sent my appeal in, which states;


    Dear Sir/ Madam

    Your appeal has been made outside of the 14 day reduced payment period therefore the original charge is now applicable. Although you have 28 days to appeal you must appeal within 14 days if you wish to hold the charge at the lower amount. Your last day to appeal at the reduced amount would have been 30th June 2015.

    With reference to the points raised within your appeal these cannot be answered until we receive details of both the driver of the vehicle and their address.

    Appeals Dept



    Clearly not a rejection of my appeal however there is no other information provided.

    Also, not had a NTK through the post yet either (but I suppose I have to wait for day 57 before that's a winning point in my bag).
    Plus they want driver information which I've already stated in the original appeal won't be given, so do I just sit tight now and see what comes of it?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    SS381 wrote: »
    Hi all.

    I've had a reply back from the PCC on the 7th day after I sent my appeal in, which states;


    Dear Sir/ Madam

    Your appeal has been made outside of the 14 day reduced payment period therefore the original charge is now applicable. Although you have 28 days to appeal you must appeal within 14 days if you wish to hold the charge at the lower amount. Your last day to appeal at the reduced amount would have been 30th June 2015.

    With reference to the points raised within your appeal these cannot be answered until we receive details of both the driver of the vehicle and their address.

    Appeals Dept



    Clearly not a rejection of my appeal however there is no other information provided.

    Also, not had a NTK through the post yet either (but I suppose I have to wait for day 57 before that's a winning point in my bag).
    Plus they want driver information which I've already stated in the original appeal won't be given, so do I just sit tight now and see what comes of it?


    The driver refuses to give me their address. Their "street name" is Slasher and you don't argue with them. You can, if you want, write to them c/o my address.
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Time for a complaint to the BPA (contact details in NEWBIES stick post #6) to demand they intervene as you've submitted your formal appeal which has not been accepted, but no POPLA code has been forthcoming.

    Both the DVLA and BPA have warned PPCs that rejected appeals must be accompanied by a POPLA code - motorists should not have to 'beg' for a code.

    In view of warnings to Elite from both organisations ask the BPA whether they will be issuing sanction points against them, and how many?
    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
  • SS381
    SS381 Posts: 18 Forumite
    From my understanding though - this isn't a rejection, therefore do they need to provide the POPLA code, or does the fact they have not accepted the appeal provide sufficient merit to file a complaint with the BPA?

    If that is the case, I may need someone to 'look over' my complaint if that's ok?

    Thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    tomaaaato , tomarto , nitpicking

    complain to the BPA as you were told to do for non-compliance and let them pick over the bones, which is their job not yours or ours

    then see what comes back, because until you do so its catch 22 and deadlock, with time ticking by , so stop sitting on the fence and go on the offensive
  • Herzlos
    Herzlos Posts: 15,936 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    SS381 wrote: »
    From my understanding though - this isn't a rejection, therefore do they need to provide the POPLA code, or does the fact they have not accepted the appeal provide sufficient merit to file a complaint with the BPA?

    They'll claim it's just a request for more information, so you just need to reply with "No further information will be provided. Accept or reject my appeal". And complain to the BPA, because they are expressly forbidden from doing so.
    Fruitcake wrote: »
    Possibly a freedom of information request about how many applications the PPC has made concerning the vehicle registerd in your name?

    It's too late for the OP now in this regard, but you don't need to provide the PPC with the address the DVLA has on file, just a servicable address. So if you give the PPC another address (or miss-spell it in such a way that you'll still get it), you can prove pretty conclusively that they didn't get it from the DVLA.
  • System
    System Posts: 178,355 Community Admin
    10,000 Posts Photogenic Name Dropper
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • SS381
    SS381 Posts: 18 Forumite
    Is there any specific wording that should be included in my complaint to the BPA and DVLA as the PPC have not given me a POPLA code or rejected my appeal?

    Also, do I still keep counting the 56days for my NTK to come through the post as that's not arrived yet?
  • Herzlos
    Herzlos Posts: 15,936 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The NTK timeline shouldn't be affected by your appeal, so still expect it within 56 days (or at least note its absence).

    There's no specific wording for the complaint, just forward on all correspondence stating that they are trying to avoid giving you a POPLA code and ask what they'll do about it.
  • SS381
    SS381 Posts: 18 Forumite
    OK - so a complaint is going to the BPA by email (copying in the PPC) stating that a formal appeal was sent in good time and no POPLA code was given on their reply.
    I am demanding the BPA intervene, and provide evidence of what sanction points have been imposed and how on the PPC for their misconduct/breach of CoP.

    In addition, an email to the DVLA CCRT team (copying in the PPC) will be sent stating that the PPC has not provided a POPLA code even though the appeal was made in good time, and that they are breaching BPA code of practice which therefore breaches any KADOE contract to get DVLA data. Plus the extra bits from the newbie section about escalating to my MP & ombudsman etc.

    Both emails will have copies of the appeal and reply from the PPC.

    Anything else I should add?
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