Elite Management (Midlands)

Rmck18

Hi guys,

Just need a bit of advise. Someone parked my car in a private car park and they paid to stay whilst they were at work with the view of moving the car to a loading bay which is free to park from 6pm onwards. They got held up with a police matter and was giving a statement and completely lost track of time.. They got back to the car 30 mins after the pay and display ticket had expired to find there was a PCN on the window.

I have looked up Elite Management (Midlands) and know they are part of the IPC. The fine was received on 10th October and I received the NTK yesterday in the post. I appealed with the standard IPC letter on the sticky, and received this response back today:

Good morning,

Thank you for your email.

I have answered your questions below in the format that you has raised them:

1. The land owner has a contract in place with our client Elite Management (Midlands) Ltd that enables our client to enforce parking restrictions on this site. The land owner's identity will remain undisclosed.

2. This is not a yes or no question. This Parking Charge Notice (PCN) is based on breach of contract.

3. Copy of the signs attached.

4. Copy of the photographs attached.

5. The date and time signatures appear in the photographs and are synchronised with the payment machines. This will be evidenced in the event of litigation.

I have placed this account on hold until 15/12/2017 while we await payment. This account will progress to debt recovery if it is not resolved, further fees will be added at this stage.

Your details as the registered keeper have already been requested from the DVLA and added to the account. We would not have been able to send you the notice to keeper letter without these details.

We refer to your comments regarding the processing of your data, which we are treating as a formal section 10 Notice (“the Notice”) under the Data Protection Act (“the Act”). Please accept this email as our formal acknowledgment and response to the Notice.

You have provided no justification for the Notice. The processing of your data is warranted.

In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly, we are permitted to continue to process your data at this stage.

If this is not clear, we suggest you seek legal advice.

Kind regards

They have attached photos of the car with PCN and car park signage, none of the signage is lit, so when it gets dark, it is unreadable. It wasn't excessively dark on the day in question. The driver was just genuinely sidetracked due to other issues at work. They have never received a ticket of any sorts from private companies in the past.

What would be my next step for this appeal please..

Thanks for your help

Fruitcake

The next step is to get your own pics of the signage, especially if it shows how it would be possible to enter the car park and traverse it without seeing the signs. ;)Perhaps approached from a particular direction, or a particular route through said car park the signs might not be visible.
Perhaps the signs are damaged, hidden behind bushes, high up on walls or poles.

A landowner cancellation is always the best option, if that is possible. Other than that, you are in ignore mode unless you get real court papers.

Rmck18

Thanks for replying..

So basically if I go to the car park when it's dark and photo the signs in their positions? Some are obscure, but there is a sign right next to each pay and display booth.. like I said theough, there is absolutely no lighting in the car park at all and at night you cannot see anything at all, is this something I should raise with them?

Cheers

Fruitcake

Take pictures under the same type of lighting conditions as the alleged parking event, from angles and positions that best favour the driver's aspect, without flash.

Nothing will effect the result. The appeal will be rejected and by adding anything else you run the risk of revealing the driver's identity. Just copy and paste and send the IPC template in black from the NEWBIES. After that you are in ignore mode unless you get court papers.

Oh, and it is not a fine.

Rmck18

Okay,

I sent the IPC template yesterday and received the response today (in my first post).

I will photo the car park signage as described and keep this incase of any legal proceedings against me. I assume other than this I just wait this one out..

Apologies if I'm being a bit dense, I have never dealt with anything like this before.

Cheers

Umkomaas

Definitely a waiting game. The next stage is likely to be debt collector letters - these are harmless, if somewhat irritating. They can be safely ignored.

You might receive a Letter Before Claim (LBC, also known as LBA or LBCCC) from the PPC or their solicitors (likely to be Gladstones). Don’t panic about it, just come back to this thread (don’t start a new one about this case) and we’ll advise further steps for you to take. Same again if you receive court papers, come back here.

This could be a long ride (exactly the same position for everyone trapped by the PPC skimmers) as any alleged debt can be pursued through the civil court for 6 years. But no reason to knee-jerk into any daft action like paying this!

Fruitcake

Rmck18 wrote: »

Okay,

I sent the IPC template yesterday and received the response today (in my first post).

I will photo the car park signage as described and keep this incase of any legal proceedings against me. I assume other than this I just wait this one out..

Apologies if I'm being a bit dense, I have never dealt with anything like this before.

Cheers

Yes. Come back here if you get a LBC/LBCC/LBCCC or similar. The scammers have six years to do this so keep everything safe just in case.

The other thing you should do is complain to your MP about the unregulated private parking industry, and ask them to confirm that they will be supporting the forthcoming private members bill concerning this scam.

Rmck18

Thanks guys, appreciate the help.

Rmck18

Hi guys,

Had a letter from QDR solicitors today instructed by ZZPS acting on behalf of Elite Management Midlands. They are threatening that if I don't pay in full, they will refer to litigation dept and obtain a CCJ. Again is this just empty threats? Do I play ignore mode on these too unless I actually receive a CCJ?

Cheers

pappa_golf

qdr are a trading name of wright hastle (?) solisitors

mentioned on millions of threads and google

it is thought that zzps actualy buy the qdr notepaper and type the letter themselves


PS , they have a lot of work to do , before "they" ** issue a CCJ


** inc going to school and realizing its a court that does this




Moved to the IPC on 14/08/2017 and then back to the BPA later in 2017.


be nice to know which code of conduct they are cfollowing , and which appeal also ,

did you get a POPLa code out of them?

if not , why not?


contact BPA and get date THEY LEFT THE bpa AND THE DAY THEY RETURNED

check paperwork and signage is correct for the trade assoc they were in at date of ticket

Rmck18

I will contact BPA but when I checked it said originally they were part of the IPC. I therefore only sent the IPC template on original contact as I was instructed.

I will contact BPA and find out when they left and when they returned. I assume the letters are just scaremongering again as per usual then and will take them with a pinch of salt.

I will take photos of signage etc and make sure they comply with standards. They are however unlit and not in reflective material which I was told is a requirement?

Cheers