No POPLA Reference Code provided

SkinnyH

Yes, I appealed to PTL online and on time. But looking at the NTK it is a PCS website. The NTK mentions PTL as Creditor, and PCS is writing obo PTL.

No, driver was not identified. I used the template letter.

Fruitcake

SkinnyH wrote: »

Yes, I appealed to PTL online and on time. But looking at the NTK it is a PCS website. The NTK mentions PTL as Creditor, and PCS is writing obo PTL.

No, driver was not identified. I used the template letter.

PTL have an appeal page on their website with no mention of PCS.

http://parkingticketing.co.uk/appeal-pcn/#1519747007073-ebcac331-c473

Are you sure you actually received a NTK or was it a reminder from PCS. This is all very confusing.

SkinnyH

It seems the detail I have provided may not be particularly clear. Let me try again.

9/9/2019 - PCN (on windscreen) issued. Issue reason: 59 (not clearly displaying a valid permit).
Amount: £100 within 28 days (reduced to £60 if paid within 14 days) of PCN. Failure to pay within 28 days amount increased by £50.

10/10/2019 - date of NTK.
Sent by PCS on behalf of PTL.
PCS obtained details from DVLA under a “reasonable cause” request.
Instructions to appeal “Online using our appeal form: parkingcsl.co.uk/appeals”. No mention of appealing to PTL.

7/11/2019 - completed PCS’s online appeal form using the Newbe template letter for BPA members.

2/12/2019 - date of rejection letter received from PCS (no mention of PTL in this letter). Also, no POPLA ref code provided.

Findings and reason given for rejection seem quite generic. They also say “I must stress that simply sending in standard template responses will not resolve the matter. In addition, I would recommend that professional legal advice is sought on this matter as an alternative.”

The options the give are:
1. Pay PCN at amount of £120 with 28 days of this letter. I calculate this as today, 30 Dec 2019. Also, not sure why the amount is £120 (not £100 as per the PCN).

2. Make an appeal to POPLA within 28 days of this letter [so also by today]. However, as mentioned, a POPLA code has not been provided.

I will write a letter of complaint to BPA and DVLA, as suggested above.

However, will my right to appeal to POPLA lapse today, even though I was not provided with a POPLA code? Also, interested to know if PCS are even allowed to obtain my details from DVLA.

Any advice on how best to proceed would be hugely appreciated, as I’m really not sure.

If it helps, happy to share as much of the content as required (personal details removed) from the PCN (on windscreen), NTK or rejection letter I received.

Many thanks!

waamo

The complaints you are going to make will probably yield the best results. The BPA usually get tickets cancelled rather than sanction members. No ticket means their member can't have done anything wrong apparently.

Complaining to the DVLA makes it difficult for them to fob you off as the DVLA will want to know what the outcome was.

Do not ask for the ticket to be cancelled but do insist the ppc is sanctioned.

Umkomaas

Have you undertaken the search I advised in post #10 above? Previous quotable examples will add further weight to both your complaints and gets you some steps nearer to cancellation.

Fruitcake

Make the complaints using the information/timeline given in your post above.

Ask the DVLA by whom and when your personal data was requested. If it was from PCS not PTL, complain that your personal data was passed to a different company who do not have a contract with the landowner to mis-manage the car park in question.
If it was PTL then complain that your personal data was passed to a different company and you never received a NTK from the scammers who have a contract with the landowner.

In your complaints state that £20 has been added on which is in breach of the PoFA and against the ruling in the Beavis case, where both state the only amount that can be claimed is that stated on the signage.

SkinnyH

I did, however I'm having trouble finding result which are relevant. I followed your search instructions, which brought up a couple of results showing a delay in POPLA code being provided. But no examples of complaints to BPA or DVLA.

waamo

SkinnyH wrote: »

I did, however I'm having trouble finding result which are relevant. I followed your search instructions, which brought up a couple of results showing a delay in POPLA code being provided. But no examples of complaints to BPA or DVLA.

Each complaint is pretty unique. Use your own words rather than rely on any templates.

Fruitcake

In that case just knock up your own complaint from scratch, just make sure you put all the relevant points in as already mentioned based on your post 14 that sets out the sequence of events.

Umkomaas

The search was to find past examples of this PPCs failure to issue POPLA codes not for an easy copy and paste template. Quote the incidences in your own complaint.

Surely you don't need to copy someone else's words?