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

hullensien

appeal has gone in
they have failed to respond so far
they have a history of not responding  - separate PCN issued previously - appealed through the portal and they didn’t respond

Umkomaas

hullensien said:

appeal has gone in
they have failed to respond so far
they have a history of not responding  - separate PCN issued previously - appealed through the portal and they didn’t respond

They have 35 days in which to respond. On what date did you submit your appeal?

hullensien

appeal went in 6 days ago - said they would endeavour to respond in 72 hours

A separate PCN issued a year ago - appeal went in and they never responded

hullensien

Hi all

Visitor has now received NTK

However appeal went in within the time frame AND they acknowledged receipt of email - the return acknowledgement was also received within the time frame of 28 days

NTK points out that details were requested under reasonable cause from the DVLA on the grounds that driver had not “submitted an appeal within the time specified”

The appeal submitted was a very strong one and it was pointed out within the appeal that they had no right to operate on the site and therefore did not have reasonable cause to access data from the DVLA

Having claimed no appeal was made there is also no POPLA code to take to next stage

Also “offence” was 11/05/22 - NTK dated 10/06/22 - timeframe seems a bit short - any chance they have applied to DVLA before expiry of appeal timeframe?

Advice on next step please

Fruitcake

Keeper details were obtained from the DVLA within the PoFA timescales for a NTD.

This isn't the first time we have seen a PPC fail to allow a keeper appeal following a NTD.
You should complain to the BPA about this, and copy in BaySentry Solutions Ltd.

Umkomaas

Having claimed no appeal was made there is also no POPLA code to take to next stage

I think you're going to have to wait out the 35 days they have to reject your appeal and issue you a POPLA code. If they don't respond by that deadline (plus a few days beyond that) and provide a POPLA code, that is the time I would suggest you complain to the BPA. That way you might just squeeze a cancellation as they've failed to follow the BPA Code of Practice. Rattling the cage too early will probably result in the BPA ordering them to issue a POPLA code. I know which of the two possibilities I'd prefer. 

Coupon-mad

Yep. Wait for the rejection letter.

Them sending a NTK is correct. It's auto- arrival is not suggesting that no appeal was received.

hullensien

@Coupon-mad
Ok thanks - will do
it was just that the body of the NTK did state that no appeal was received

Umkomaas

hullensien said:

@Coupon-mad
Ok thanks - will do
it was just that the body of the NTK did state that no appeal was received ......

..... from the driver. So now we're writing to the registered keeper'. These notices are pretty much templated, rather than accurately constructed, so I wouldn't read too much into the minutiae. 

hullensien

@Umkomaas
First line of appeal was “Please see my detailed appeal as keeper” - they had no need to contact DVLA