Initial PCN - JD Parking Consultants

Coupon-mad

Please edit post #6 immediately and stop typing on an open forum: ''I'' did this.

"Have they sent a compliant NTK?" - I've checked over the NTK (letter that I was sent) the wording, my name, address, details of incident etc seem correct. I'm worrying now whether I have grounds for appeal, or grounds to take it further than that.

What, you think this wording:

If we do not receive the name and address of the driver within 28 days beginning on the day after this notice is given then if the charge is still outstanding we will pass the case to a debt collector where further costs may be added.

...matches the keeper liability warning in para 9(2)f of the POFA? Luckily, it doesn't. Look for yourself, it's easy.

And a registered keeper appellant CANNOT LOSE at POPLA against a non-POFA PCN, that cannot hold a keeper liable.

Do you see now why you must appeal and type here as the KEEPER and stop blabbing about what happened?

DorianWolf

Thank you Coupon, I've now realised that I've been looking at it from the wrong angle.

You're right, the wording does not exactly replicate the statement of the keeper liability warning in para 9(2)f of the POFA.

Information now edited, no more blabbing. I'll appeal as the keeper, not the driver using the one size fits first appeal template.

Should I add in my appeal claim that the requirements of Schedule 4 of POFA are not met with exactly the right information, preventing them from holding the keeper liable?

Umkomaas

Should I add in my appeal claim that the requirements of Schedule 4 of POFA are not met with exactly the right information, preventing them from holding the keeper liable?

Send the template in as it is. Nothing you can say in that will prevent the PPC from rejecting it. It's at POPLA you deliver the matador's sword to the spinal chord. Olez!

DorianWolf

I thought I should just write a small footnote to the proceedings regarding my parking case.

After realising that my PCN wording did not match the keeper liability warning of POFA I appealed to PCS, with Coupon-Mads one size template.

I did expect some kind of response from PCS though, either rejecting my appeal and providing a POPLA code, or something. But I have heard nothing.

Strangely, I have checked their website and my 'case' is still open on their website.

Is there normally a deadline that they should reply to a first appeal?

Thanks again.

KeithP

They allow themselves thirty-five days to respond to an appeal.

When did you send your appeal?
Has that period expired yet?

Check your email junk folder.

DorianWolf

The appeal was sent on the 28th of October which is now over 35 days.
Coupon-Mad's template states that correspondence should only be via post, not email.
I did receive an automated email response though to my appeal, which says that the matter would be dealt with in due course.

...........still nothing.

Umkomaas

Complain to the BPA and ask that they sort out their members.

steve.c@britishparking.co.uk

EDIT - I should have said BPA, not DVLA - now amended.

DorianWolf

I will indeed.

KeithP

DorianWolf wrote: »

The appeal was sent on the 28th of October which is now over 35 days.

28th October plus 35 days = 2nd December = today.



I think Umkomaas meant to say "complain to the BPA".

DorianWolf

My bad, thanks. Should expect their letter this week then......