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FightBack Forums _ Completed Case Summaries _ Elite Management (Midlands) PCN - Birmingham

Posted by: geeeraffe Tue, 20 Mar 2018 - 21:03
Post #1368652

Hi all,

I received the following NTK the other day. From what i can see it's a 'golden ticket':
1. no POFA references
2. delivered outside of the 14 day window, allowing for the 2 days postal (i received this on the 17th)
3. they don't state the period of the alleged offence, only a single time
(4. ? They don't state what the full amount payable is, only the reduced limit. I don't *think* this is related to POFA but it seems strange.)



As a result, I will appeal this. I think i'll need some hand-holding through the POPLA part, but is this sufficient enough for an opening gambit on their online appeals (stolen from another thread on here, naturally!):

QUOTE
I am the keeper of vehicle xxxxx which has received your PCN notice xxxx. I note that you have not included the statements required by Schedule 4 of the Protection of Freedoms Act 2012 to be able to hold me, the Keeper, liable for the actions of the Driver. There is no legal requirement to name the Driver and I will not be doing so.

I do not expect to hear from you again other than to confirm that no further action will be taken against me.


For my general information do they suspend the 'early payment' period while an appeal is ongoing? So, if this appeal was somehow unsuccessful at POPLA and i chose to pay, would it be the full whack or the reduced amount?

Thanks everyone.

Posted by: ostell Tue, 20 Mar 2018 - 21:39
Post #1368667

It usually helps if you tell them exactly why they haved failed. If there was no windscreen ticket then paragraph 9 applies.

The main reason is that the have failed to deliver within 14 days, but many of the required statements in 9 (2) are missing

With so many POFA failures then POPLA should be a doddle and should uphold any appeal.

Posted by: geeeraffe Fri, 23 Mar 2018 - 10:39
Post #1369364

Thanks ostell.

My updated appeal therefore reads:

QUOTE
I am the keeper of vehicle xxxxx which has received your PCN notice xxxx. I note that you have failed to meet certain requirements as laid out in Schedule 4 of the Protection of Freedoms Act 2012, namely:
9(2)a - you have not stated the *period* of parking to which the notice relates, only specified a single time of the alleged offence.
9(2)g - you have not adequately stated the discount offered for prompt payment, as you have not stated the 'non-discounted' charge.
9(4)b and 9(5) - you failed to deliver the Notice to Keeper to me within the relevant period (as stated in 9(5), this is 14 days)

You have therefore not included the statements required by Schedule 4 of the Protection of Freedoms Act 2012 to be able to hold me, the Keeper, liable for the actions of the Driver. There is no legal requirement to name the Driver and I will not be doing so.

I do not expect to hear from you again other than to confirm that no further action will be taken against me.


Is that better? Thanks again.

Posted by: ManxRed Fri, 23 Mar 2018 - 12:59
Post #1369393

The 'contravention' is given as 'Parked without permission of the Landowner on Private Property'

Normally these PPC's try to blur the line between contract and trespass on their signs and paperwork, but that's pretty much the definition of trespass, so they'll struggle to argue this isn't based on trespass.

In which case it's a claim from the landholder only, for actual or nominal damages. Good luck to them with that one.

Posted by: geeeraffe Fri, 23 Mar 2018 - 13:04
Post #1369395

So do I need to make mention of that in my appeal, or will they just reject it anyway (as per usual) and i take it back through POPLA.

Cheers.

Posted by: The Rookie Fri, 23 Mar 2018 - 13:11
Post #1369396

They'll almost certainly force you to POPLA, but POFA non compliance (when spelt out) is usually an easy win.

Posted by: emanresu Fri, 23 Mar 2018 - 17:12
Post #1369468

QUOTE
They'll almost certainly force you to POPLA, but POFA non compliance (when spelt out) is usually an easy win.


They have been removed from the BPA list so POPLA may not be available. Should ask though.

Posted by: geeeraffe Fri, 23 Mar 2018 - 19:14
Post #1369515

That's interesting, they were definitely on there when i first received the NTK. What does that mean for my appeal?

Posted by: emanresu Sat, 24 Mar 2018 - 10:57
Post #1369593

QUOTE
What does that mean for my appeal?


Just follow the timings but with any appeal get proof you sent it as sometimes these get "lost"

Posted by: geeeraffe Thu, 5 Apr 2018 - 14:17
Post #1372087

Hi all,

Just to let you know, I submitted my appeal and received the following response via email:

QUOTE
We have reviewed the account fully, as the vehicle was on site for 5 minutes, we have been able to cancel this Parking Charge Notice as a gesture of goodwill.

Therefore, you should expect no further correspondence regarding this matter.


Which makes life a bit easier since i don't have to faff with POPLA. Interestingly, this response came from ZZPS and not Elite Management (Midlands), so i presume they must have changed their name?

Anyway, thanks again everyone for the assistance in drafting my appeal.

All the best.

Posted by: Jlc Thu, 5 Apr 2018 - 14:55
Post #1372092

Some companies outsource some parts of their operations.

Posted by: SchoolRunMum Thu, 5 Apr 2018 - 19:02
Post #1372171

''gesture of goodwill'' my cat's bum!

It was a pathetic scam ticket and they were sussed.

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