PCM offering 2 options

[carowner]

Received a notice to keeper from PCM. Appealed to them on the 20th of January 2014. Today received the attached letter from them. I am now seeking advice as to how to proceed from here on in.

One added bit of information is that in the notice to keeper, they got the colour my car slightly wrong. I say slightly because they have it down as Grey, while it is in fact Black and the log book also says Black. Don't know if that is significant but I thought it may help my case.

 

Hoping for some advice. Thank you.

[f16]

You need to edit PCN no.

[carowner]

Thanks, done it.

[f16]

Was this a ticket on the car? Or ANPR job, What date did you get the NTK

[carowner]

On the car.

[carowner]

Sorry, the Notice says,

Date of posting is 17/01/2014.

Date of notice is 21/01/14

Funny, but I appealed on the 20th of Jan.

 

And the PCN was issued on the 15/12/13

[f16]

So it was a ticket on the car. What date was on that because as you just pointed out the dates don't add up

[f16]

From the car ticket to the letter you got ,they had between28 to 56 days.

What did you write in the appeal?

Did they give you a POPLA no.?

[carowner]

Lets see, According to the NTK, the PCN was issued on the 15/12/13.

The NTK itself says that the notice is given on the 21/01/14.

The NTK then says the date of posting the notice the 17/01/14.

I appealed on line on the 20/01/14. So I must have received the NTK around the 18th. If that makes sense.

I have the PCN I believe still in the car, when the wife gets back...eventually and I will check the actual date of issue as per on the ticket.

[carowner]

From the car ticket to the letter you got ,they had between28 to 56 days.

What did you write in the appeal?

Did they give you a POPLA no.?

 

I simply wrote that the parking charge was not applicable and that I was unable to give them the name of the driver...my son by the way.

[carowner]

From the car ticket to the letter you got ,they had between28 to 56 days.

What did you write in the appeal?

Did they give you a POPLA no.?

 

It says on the back of the NTK that if they reject my appeal, they will send me information as to how to appeal to POPLA.

They have not of course, as they have sent the attached letter only.

[carowner]

This is what it says on the back of the NTK received after the PCN was issued.

[f16]

I don't do the legal bit, but there are alot of very good people on here, that will form a defence.

Was it a "free" or "pay and display"?

Can you get photos of signs?

Is there a sign at the entrance?

[carowner]

I don't do the legal bit, but there are alot of very good people on here, that will form a defence.

Was it a "free" or "pay and display"?

Can you get photos of signs?

Is there a sign at the entrance?

 

I'll see if I can get hold of such photos. I'll post them if any.

[ABN]

I currently have an outstanding invoice with this lot so following as many threads as I can

 

What did you write in your first letter to PCM?

 

Was it a challenge or just a letter stating that you won’t give them the driver details without including an actual challenge / appeal?

 

Seems that PCM are fairly notorious for not giving out POPLA codes or even giving invalid codes.

 

They know that get a spanking at POPLA on GPEOL so they try to avoid POLA at all costs. At least twice they have withdrawn after seeing POPLA appeals to avoid paying the POPLA costs.

 

If you did include a challenge with your first letter the a complaint to the BPA and DVLA is in order as they are breaching the BPA’s code of practice.

 

I’m not a expert so can’t comment in detail but here is a thread on another board from a chap who was in a similar situation to yours. (hope the link is allowed)

 

forums.pepipoo.com/index.php?showtopic=86471

 

ALSO

 

The following message has now been issued by the BPA to all of their members...

 

“the following practices may be considered as Code breaches and must not be continued:

• Asking the motorist to enter into additional correspondence to obtain a POPLA code

• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence

• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection

• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

I am hoping that this type of incident will not be occurring any more.

[ericsbrother]

Ok, so they sent you a NTK after the flyer was put on the car. Well, they sent it out between 28 and 56 days after the original window sticky so that is correct and all you need to do is appeal the charge to the parking co. This appears to have been done back in January, it would help if you could say what your reason for appealing was but it is not vital as all you were likely to get is a rejection letter anyway.

so, back to this letter from PCM. It does not fulfil the requirements of a letter of rejection and doesnt have a POPLA ref code so you now have a couple of choices. 1. write again telling them that they are not complying with the PoFA because they have failed to provide POPLA code with letter of rejection ( Their letter is so rubbish they will probably claim that it wasnt such a letter but just a random communication/advert/advice/request) 2 Write to the British Parking Association with a complaint that PCM are abusing the process by not entering inot the correct correspondence by accepting/rejecting your appeal and providing POPLA code but are instead harassing you instead.

If PCM dont send POPLA code then they cant take further action so dont be too upset, the delay doesnt help them in the long run so you can ignore them until they write again and then remind them that you havent had a letter of rejection and that withour that letter they can go whistle. They now have a clock running so you arent going to be the loser for this.

When they do respond properly then tell us and we can go into the detail of your circumstances.

[carowner]

it would help if you could say what your reason for appealing was but it is not vital as all you were likely to get is a rejection letter anyway.

 

I did an online appeal. The exact wording escapes me. So I went back on line to see if I could view my appeal. I entered the relevant PCN and car registration number which returned this message:

 

The Parking Charge Notice could not be found.

Please check that you have not mistyped. Please note that this service is not available until the next administrative working day after the PCN was issued.

 

So much for that.

 

The wording of my on-line appeal was roughly that they have made an error in issuing me a ticket and that I was not able to furnish the name of the driver.

The driver, my son, says that he was actually parked in a bay and was not obstructing or parked on a verge or anything like that. The PCN states that the breach is:

 

Parked outside of a marked bay/on restricted roadway/paved areas or causing an obstruction or inconvenience to others.

 

He has a permit to park there, but was using my car on that occasion.

 

I appealed primarily because they had entered the colour of my car as grey when it is in fact black. So they had made an error.

Am I right?

 

so, back to this letter from PCM. It does not fulfil the requirements of a letter of rejection and doesnt have a POPLA ref code so you now have a couple of choices. 1. write again telling them that they are not complying with the PoFA because they have failed to provide POPLA code with letter of rejection ( Their letter is so rubbish they will probably claim that it wasnt such a letter but just a random communication/advert/advice/request) 2 Write to the British Parking Association with a complaint that PCM are abusing the process by not entering inot the correct correspondence by accepting/rejecting your appeal and providing POPLA code but are instead harassing you instead.

 

As you rightly say, this is not exactly a letter of rejection, just an in-between. However, if I to write them, they may pull their fingers out and send me the said rejection letter with the POPLA code.

In your opinion and as you mentioned in the end, is it worth waiting for the 35 or whatever days to run out? When does the clock actually start running and what is the time period.

 

Writing to the BPA sounds more productive.

Thanks

[carowner]

Thank you. Some good points to look into. thanks.

[ericsbrother]

Wait for them to respiond again and then if they do and there is a POPLA ref code use the opportunity to appeal. If there is no POPLA code but they reject your online appeal they are in breach of the requirements of the PoFA and they cannot claim against the owner of the vehicle, only the driver.

So, my suggestion is wait for them to write again and then appeal against the charge as the RK

[carowner]

Wait for them to respiond again and then if they do and there is a POPLA ref code use the opportunity to appeal. If there is no POPLA code but they reject your online appeal they are in breach of the requirements of the PoFA and they cannot claim against the owner of the vehicle, only the driver.

So, my suggestion is wait for them to write again and then appeal against the charge as the RK

 

Thanks for that. I will wait and update as and when this moves forward.