Do I need to follow the on-line appeals procedure of a PPC

hullensien

Good Morning All

A guest of a resident within my residential complex has received a PCN from Baysentry

Landowner is not interested in cancelling so option B is appeal to Baysentry

Appealing on grounds of Primacy of Contract, lack of consent for signage, poorly marked bays, and potentially not having contract with landowner

I drafted the appeal out on Word to cut and paste into the baysentry site later - and within the appeal i advised them  they did not have reasonable cause to secure any details from the DVLA

However in order to complete the on-line appeal the mandatory fields require all the info they would get from the DVLA anyway?

Should the appeal be done through the normal channels or would an email in to Baysentry quoting PCN number etc be sufficient or would it be deemed as not following the appeals procedure.

Any pointers please

Half_way

Who is the landowner?

hullensien

@Half_way

I would rather not name on here just yet but will PM you if necessary

Its very convoluted - 3 blocks of flats owned under the umbrella of a plc of which i am a shareholder

each block has its own management company
one of the 3 management companies appears to have chosen to involve a PPC (baysentry) who have been managing on behalf of the company since March 2021 - not aware of any discussions with the residents

Management company won’t have dialogue with me - I requested a permit for a new vehicle but they haven’t responded to that either

I am thinking of filing a complaint to companies house

Half_way

Ok, who has the right to park in the space according to the lease/tenancy/freehold

Umkomaas

However in order to complete the on-line appeal the mandatory fields require all the info they would get from the DVLA anyway?

If the PCN is a windscreen ticket (Notice to Driver), then the strategy is to give the PPC all the data they would obtain from the DVLA to encourage them not to seek it from the DVLA. If they don't get it from the DVLA, then they're stuffed in terms of holding the registered keeper liable. This is to be done around day 25/26 following the date of the parking event. 

Can you confirm it is a windscreen ticket please?

hullensien

@Half_way
There are 100+ flats and approx 60 spaces - there are no designated spaces -to individuals - its a first come/first served basis - but interestingly enough the management company see fit to rent out parking permits to non-residents although the “guest pass” doesn’t guarantee them a space either.

@Umkomaas - yes it’s a windscreen ticket - is that 25/26 working days or calendar days

Umkomaas

hullensien said:

@Half_way
There are 100+ flats and approx 60 spaces - there are no designated spaces -to individuals - its a first come/first served basis - but interestingly enough the management company see fit to rent out parking permits to non-residents although the “guest pass” doesn’t guarantee them a space either.

@Umkomaas - yes it’s a windscreen ticket - is that 25/26 working days or calendar days

Calendar days. But please check the detail behind the strategy as shown in the NEWBIES FAQ Announcement, first post.

hullensien

@Umkomaas
Will do

one of the mandatory drop downs says i have to indicate whether appealing as driver/keeper/hirer so I assume that means NTK outside of the timeframe is irrelevant?

Umkomaas

hullensien said:

@Umkomaas
Will do

one of the mandatory drop downs says i have to indicate whether appealing as driver/keeper/hirer so I assume that means NTK outside of the timeframe is irrelevant?

You don't want to be ticking any drop down that indicates who the driver was, otherwise they don't need to chase the keeper, they've got the driver - offered up on a drop down platter!

Are those three categories separate choices?  What other drop down questions are there?

hullensien

@Umkomaas

This is part of the form

Appeal Form

All fields marked with an * are required.

Serial Number:

XXXXXXX

Vehicle Registration Number (VRN):

XXXXXXXX

Appellant Details

Please complete the following information in order to begin the appeals process. Please ensure that you complete all required fields in full.

Appellant Type: *
choices are

vehicles driver
vehicles keeper
vehicles hirer

the rest is personal and contact details

there is no opt out - and if you don’t select any of the choices then I would assume they won’t begin the appeals procedure - looks like they’ve tied up a loose end?

Umkomaas

Tick 'keeper'.  Coax them away from the DVLA.