Excel PCN - Questions about appeal - Wrong NTK details

Coupon-mad

Yep - that will do the job for this stage.

Mitsos17

So, as expected my appeal was rejected. Here is the main body of the reply:

"Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:

Please note that we operate to the International Parking Comunity's (IPC) Accredited Operator Scheme. As members of the IPC, it is necessary for us to evidence to the IPC that we have relevant authority to undertake enforcement activity at the site concerned and that our signs in situ are compliant in setting out the relevant terms and conditions of use. We will only answer pertinent points at this stage.

We must advise you that the expiry time on your ticket was clearly displayed on the front of the ticket. Motorists should ensure that they check the expiry time on the Pay and Display ticket before leaving their vehicle. It is the responsibility of the motorist to ensure that they are able to return to their vehicle before the stated time, or else to purchase more time if necessary. A help-line number is indicated on the ticket machines should a motorist require assistance. Unfortunately on this occasion you did not use this help-line, and as such provision could not be made for you."

I had sent them proof photos as well. Obviously, they did not answer any of my questions.

What they are also missing out is that the driver did try to call their helpline (there is proof of that, the attempted call timestamp), but no one was answering as it was "out-of-hours" time. I did not mention this above.

They now call me to appeal to the Independent Appeals Services (IAS) if I want to or otherwise pay the charge and they "threaten" that further costs might occur due to "debt recovery and/or court action".

Should I bother with appealing to the IAS now? Should I reply back?

Mitsos17

Coupon-mad wrote: »

Me too. The DVLA stated to another person that 'The IPC has said this is not a NTD'!! Haha, so they believed the IPC?!

That's why I suggest a FOI request is overdue, asking the DVLA for the correspondence between them and the IPC and VCS/Excel or any other party of person within or outside the DVLA, about this specific 'ticket' which mimics a NTD.



In your case, with that evidence, I would be considering an appeal to the IAS as well (second stage) because this is unusual evidence that they will not be able to refute, and puts the ''overstay'' as unproven in timing and likely only 8 minutes, so well within any reasonable man's idea of a period of grace.

So tomorrow is the deadline for an IAS appeal. Should I bother and if so, should I include my correspondence with Excel (especially the point that they suggest I should have called their helpline, which I did indeed)?

I am struggling to find a proper IAS appeal template (I have read the NEWBIES thread and all the relevant links) but I can understand why...

Coupon-mad

deadline for an IAS appeal. Should I bother

No. No and more no.

IMHO there is NOTHING to be gained by losing at IAS and you will feel on the back foot.

That's why there is no template, IAS is considered THAT BAD. Do not even poke them with a sharp stick. You will get a better hearing in your local court in a few months, to resolve the dispute once and for all, should Excel and BW Legal try a doomed/automated mess of a small claim.

Mitsos17

Coupon-mad wrote: »

No. No and more no.

IMHO there is NOTHING to be gained by losing at IAS and you will feel on the back foot.

That's why there is no template, IAS is considered THAT BAD. Do not even poke them with a sharp stick. You will get a better hearing in your local court in a few months, to resolve the dispute once and for all, should Excel and BW Legal try a doomed/automated mess of a small claim.

Thanks Coupon-mad, I will wait then and see. I was only considering a 2nd stage appeal since you had said I have solid evidence in your previous post.

Fingers crossed now!

Umkomaas

Mitsos17 wrote: »

Thanks Coupon-mad, I will wait then and see. I was only considering a 2nd stage appeal since you had said I have solid evidence in your previous post.

Fingers crossed now!

I think it was predicated on getting off a FOI and the basis on which the DVLA responded.

That's why I suggest a FOI request is overdue, asking the DVLA for the correspondence between them and the IPC and VCS/Excel or any other party of person within or outside the DVLA, about this specifiic 'ticket' which mimics a NTD.


In your case, with that evidence, I would be considering an appeal to the IAS as well (second stage) because this is unusual evidence that they will not be able to refute, and puts the ''overstay'' as unproven in timing and likely only 8 minutes, so well within any reasonable man's idea of a period of grace.

Mitsos17

Quick question following up after a long time:

If someone changes address, how should the "company" (aghh..) be notified? Via email, post or through another way?

KeithP

Mitsos17 wrote: »

Quick question following up after a long time:

If someone changes address, how should the "company" (aghh..) be notified? Via email, post or through another way?

If you think there is a possibility of anyone starting court action against you, it is important that they serve documents properly and thus give you a chance to defend yourself.

This is particularly important with private parking companies who may think it it's ok to get a default judgement against a motorist, but getting that judgement set aside is unnecessary hassle.

Write and keep a copy of the letter and the certificate of posting from the Post Office counter.

Coupon-mad

Mitsos17 wrote: »

Quick question following up after a long time:

If someone changes address, how should the "company" (aghh..) be notified? Via email, post or through another way?

If it's at Debt Recovery letter stage, email (for example this is DRPlus' email):

info@drpl.co.uk

If it is DR PLus, make sure you quote THEIR reference from letters, not the 'PCN number'.

Mitsos17

Coupon-mad wrote: »

If it's at Debt Recovery letter stage, email (for example this is DRPlus' email):

info@drpl.co.uk

If it is DR PLus, make sure you quote THEIR reference from letters, not the 'PCN number'.

It's at this stage and haven't received anything for a long time now.

However, I would prefer not to miss out any court action letters later, as KeithP said correctly, if it comes to that in the future.

I just didn't know who/where I send the change of address letter/email to.