Elite Management (Midlands) PCN - Birmingham |
Elite Management (Midlands) PCN - Birmingham |
Tue, 20 Mar 2018 - 21:03
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#1
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Member Group: Members Posts: 13 Joined: 10 Jul 2015 Member No.: 78,249 |
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. |
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Tue, 20 Mar 2018 - 21:03
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Tue, 20 Mar 2018 - 21:39
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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. This post has been edited by ostell: Tue, 20 Mar 2018 - 21:42 |
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Fri, 23 Mar 2018 - 10:39
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#3
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Member Group: Members Posts: 13 Joined: 10 Jul 2015 Member No.: 78,249 |
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. This post has been edited by geeeraffe: Fri, 23 Mar 2018 - 12:29 |
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Fri, 23 Mar 2018 - 12:59
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#4
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Member Group: Members Posts: 9,985 Joined: 20 Aug 2008 Member No.: 21,992 |
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. -------------------- Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Fri, 23 Mar 2018 - 13:04
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#5
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Member Group: Members Posts: 13 Joined: 10 Jul 2015 Member No.: 78,249 |
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. |
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Fri, 23 Mar 2018 - 13:11
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#6
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
They'll almost certainly force you to POPLA, but POFA non compliance (when spelt out) is usually an easy win.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Fri, 23 Mar 2018 - 17:12
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#7
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Member Group: Members Posts: 11,094 Joined: 24 Aug 2007 From: Home alone Member No.: 13,324 |
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. |
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Fri, 23 Mar 2018 - 19:14
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#8
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Member Group: Members Posts: 13 Joined: 10 Jul 2015 Member No.: 78,249 |
That's interesting, they were definitely on there when i first received the NTK. What does that mean for my appeal?
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Sat, 24 Mar 2018 - 10:57
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#9
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Member Group: Members Posts: 11,094 Joined: 24 Aug 2007 From: Home alone Member No.: 13,324 |
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" |
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Thu, 5 Apr 2018 - 14:17
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#10
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Member Group: Members Posts: 13 Joined: 10 Jul 2015 Member No.: 78,249 |
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. |
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Thu, 5 Apr 2018 - 14:55
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#11
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Some companies outsource some parts of their operations.
This post has been edited by Jlc: Thu, 5 Apr 2018 - 14:55 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Thu, 5 Apr 2018 - 19:02
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#12
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
''gesture of goodwill'' my cat's bum!
It was a pathetic scam ticket and they were sussed. |
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