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PPC ignoring appeal sent within 28days

vaaim
vaaim Posts: 7 Forumite
edited 20 February 2019 at 4:26PM in Parking tickets, fines & parking
My partner received one of the typical "Final Demand" letters from Trace debt recovery, without having first received a PCN or any letters from National Car Parks. So we treated this as our NTK as advised in the Newbie thread. The letters we've received have no details on the alleged charge, just a date, so we think we can work out with when/where this relates to. It was also paid with RingGo - so there is bank statement evidence at least.

I wonder if her V5C address might be out-of-date, which might potentially explain not receiving any earlier letters?

Anyway, we contacted NCP, using the Appeal template from the Newbie thread, within 28days of the first debt letter receipt. Letter received 8/12, replied via email 2/1 (didn't open it for ages unfortunately). We also asked for evidence/details of the charge, and they still haven't got back to us themselves, but we did receive an email from them through Trace (now 1.5months later):
Please be advised that our client (NCP) have informed us that they have received your appeal on the 20/01/2019. Unfortunately as this appeal is out of time they cannot enter into an appeal at this stage. They have advised us that the next chance to appeal will be in county court.
N.b. the date they've put isn't when the appeal email was sent, it's 18days later.
  • Is the best option to email NCP again, to again request the details/evidence (or send a SAR?), while reminding them we contacted them within 28days of receipt of the first letter?
  • Can they also legally tell us her only chance to appeal is in county court and not inform us of POPLA? (Especially through Trace and not reply to the email themselves?)
Many thanks!
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the RK should email a SAR direct to the DPO at NCP to get all their data on the RK, with proof (a scan of the V5C or similar document will suffice as proof of who the RK is)

    of course its legal for them to do that, its an unregulated industry

    it is the legal task of the RK to update the DVLA with any address changes etc to their V5C and to their driving licence as well, each offence in not doing so can result in a fine of up to £1000 (so a possible £2000 if both are not done)

    check the correct details are on file with the DVLA and if incorrect update them asap

    NCP were required to use the contact details held by the DVLA at the time , so if they did so and the RK has failed in their legal responsibilities, its not clever to get on ones high horse about trading legalities
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    vaaim wrote: »
    I wonder if her V5C address might be out-of-date, which might potentially explain not receiving any earlier letters?

    Well only you or your partner can answer that.
    vaaim wrote: »
    Anyway, we contacted NCP, using the Appeal template from the Newbie thread, within 28days of the first debt letter receipt. Letter received 8/12, replied via email 2/1 (didn't open it for ages unfortunately). We also asked for evidence/details of the charge, and they still haven't got back to us themselves, but we did receive an email from them through Trace (now 1.5months later):

    What you haven't told us is when the original alleged parking infringement took place?
  • vaaim
    vaaim Posts: 7 Forumite
    edited 20 February 2019 at 5:12PM
    Thank you Redx and Johno100!


    I will check with my partner about her V5C and Driving License - I do believe they are indeed up-to-date (will check with her later), but this was the only thing I could think of to explain how we would have not received any letters from NCP, but received the ones from Trace.


    Separate from contacting the DPO, should we contact NCP/Trace again regarding appealing? (Trace has given another 7-day deadline).


    • The alleged parking infringement took place 19th September.
    • First letter received (from Trace debt recovery) 8th December
    • Email appeal to NCP sent 2nd January.
    • Email response received from Trace today (20th February)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    too late for any appeal, already told you that, plus its already been done last month

    send NCP DPO the SAR asap, from the RK, after checking that V5C is correct (and was correct on the date of the alleged infringement)

    check with the DVLA when the RK data was accessed, plus also check that the name and address are correct NOW and were correct THEN as well

    the DVLA will accept an email from the RK about this data but any reply will be by post, within one month (like a SAR)

    I wouldnt bother doing anything with Trace

    the devil is in the detail with this one
  • vaaim
    vaaim Posts: 7 Forumite
    Thank you Redx.


    We've checked, and both the driving license and V5C are up-to-date with our address (and were at the time of the alleged infringement), so that isn't the reason why we didn't receive any letters from NCP.



    Would the PPC normally send more than one letter before passing on to debt collectors? Because it seems very unlikely more than one would have been "lost in the post".
  • No, just one.
  • Coupon-mad
    Coupon-mad Posts: 148,274 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Letter received 8/12, replied via email 2/1 (didn't open it for ages unfortunately). We also asked for evidence/details of the charge, and they still haven't got back to us themselves, but we did receive an email from them through Trace (now 1.5months later):
    Quote:
    Please be advised that our client (NCP) have informed us that they have received your appeal on the 20/01/2019. Unfortunately as this appeal is out of time they cannot enter into an appeal at this stage. They have advised us that the next chance to appeal will be in county court.
    N.b. the date they've put isn't when the appeal email was sent, it's 18days later.
    Send a complaint to Steve Clark at the BPA (search the forum for his name).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • vaaim
    vaaim Posts: 7 Forumite
    Thank you Coupon-mad. I have sent an email to him at [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]


    We phoned NCP this evening - I know it's not recommended at all, but we were still desperate to find out details about the alleged PCN, as we only had a best guess about what it relates to.



    They provided the original letter and a reminder letter with the CCTV of the car entering/exiting and states "parked longer than paid for", although it doesn't detail how much was paid or how long we were covered for.


    They also provided what they say are certificates of postage for each letter (from a company called Unity 5), and the address looks right, so we still don't know why we never received either letter.
  • Coupon-mad
    Coupon-mad Posts: 148,274 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, that's not his email address. Please look up forum posts about him.
    They also provided what they say are certificates of postage for each letter (from a company called Unity 5), and the address looks right, so we still don't know why we never received either letter.
    Never heard of them.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • vaaim
    vaaim Posts: 7 Forumite
    edited 21 February 2019 at 8:05PM
    Ah I found it in the Newbie thread:
    email: [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]

    Steve Clark
    Found another one in the Debt Collector thread:
    Troubled by BPA LIARS ? Steve Clark [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]
    OR .. [EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

    Coupon-mad wrote: »
    Never heard of them.
    Me neither, looking at their website they are a company involved in sending out parking fine letters, so not exactly Royal Mail.
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