PESS Windscreen PCN - no permit - residential estate - Parkwest

[awly97]

Hello all,

 

First time poster was scrolling for similar cases and came across this forum with a spitting image scenario (same location) and wanted some assistance

 

I received an NTK I'd assume identical to the post below which not only doesn't state address of docs (as ericsbrother stated) but they've also increased the amount from 100 of the original pcn (ignored at the time) to 110 on the ntk (violating POFA which requires that the NTK repeats info in the PCN)

 

the appeal to the ntk was ofcourse rejected but was however on the 28th day (so within the range I assume)

however the rejection letter doesn't contain the POPLA code,

 

is there anything from the post below which I can bring up in a complaint to BPA in hopes to force these [problematic] to send a POPLA code or drop the case entirely.

 

Thank you.

 

Post in question: 

 

[dx100uk]

please complete this

 

and scan up your NTK and ticket to one multipage PDF only after reading oyr upload guide.

 

dx

 

 

[awly97]

1. 04/08/19

 

ntk date 9/9/19

 

2. Yes, appealed to NTK (delivered by debt collectors known as PCS - Parking Collection Services, so they'd already passed on details)

sent a standard template I'd found on another forum response will be in link below.

 

No photographic evidence on NTK this was instead sent on the rejection letter I believe.

 

3. No, I do not think so (can find out if needed)

 

4. Yes, however there's no POPLA code as you'll see in rejection letter.

 

5. Parking Enforcement & Security Services whom require PCS to do their dirty work.

 

6. Parkwest, West Drayton UB7

ntk.pdf

[dx100uk]

opps shame you appealed - bang just shot yourself in the foot.

next time don't!! you named yourself as the driver and that removes any protection you had under POFA.

 

pers i'd now await to see if they send a letter of claim from one of their fake/tame paper only solicitors

if they do 

pop back here and tell us.

 

there is little point in writing again at this stage IMHO using the post by ericsbrother in the link to the like thread you posted earlier

but see what others recommend.

 

dx

 

 

 

 

 

[awly97]

Umm care to explain how I've named myself as the driver, as the appeal was to a NTK sent to my house as PESS passed my DVLA info to PCS as it says in their rejection letter also "Although there will be no admission as to who was driving on this day, I must advise that PESS may rely on keeper liability should this charge progress further." so unless I've missed something I'd assume otherwise

[dx100uk]

good news there then.

 

 

 

 

 

 

 

[awly97]

Ok great you had me scared for a sec, my apologies for how the prior message came off. Also I'm pretty sure if i can get this POPLA code I can get this dropped as PESS don't seem to be competent, does anyone have any info I can use to complain against BPA or even POPLA if the time comes as the thread I referred came to a rather anticlimactic ending. thanks

[dx100uk]

let eric comment on this, it might well be better to let sleeping dogs lie for the minute.

 

dx

 

 

 

 

 

[awly97]

Okay I see cheers

[ericsbrother]

So they are telling you porkies by claiming they might be using keeper liability of it suits them later when they absolutely cant.

My advice is to let them waste their time and money chasing you, generally appealing doesnt work becuase fof the limits placed on the adjudicator in their remit so for example, raie an appeal on the POFA and lack of keeper liability and they will say the apeal is rejected because the ticket was issued correctly and avoid the  elephant in the room.

What you should do now is get some images of the contract offered by way of the signage at the site and also of the entrance to the land regardless of whether there are signs there or not. If there is a permit scheme tell us who runs it and who issues the permits and more importantly visitors passes etc.

Theh tell us where you car was parked, ie in own space, communal parking area or wherever. What is there to indicate the designated areas and so on.

Now in the case of agency with PESS and PCS saying they have made an agreement to break the law to obtain your keeper details that needless to say wont be the interpretation of most peopel and the proof in the pudding will be the contract with the landowner as it must expressly allow third party agency and contract and I will bet it doesnt.

I would also bet that the contract is between a parking co and the managing agents  rather than the landowner so again what third party rights are expressly allowed in the management contract.?

Some judges wave these things through but others will demand to see every word of any contract so you need to do a bit of background work to find out the organisational structure of the development.

 

Now if you hadnt appealed I would have sworn that your parking permit was that thing visible in their photos on your dashboard and let them prove it wasnt.

They have used the wrong BPA logo and neither company is listed as approved operatos in the BPA website so they have no right to use the KADOE system so another lie to the DVLA. Now they may be using a similar name but that again is a brweach of the POFA as they have failed to show who the contract is with.

 

I would be writing to the DVLA and asking them who has obtained your keeper details, when and for what stated purpose and then make a complaint to both them and the ICO if everything isnt correct ( it isnt)

The DVLA will do nothing  because they make millions out of the whole crooked show and it will take a lot of complaints to the ICO to get them to move as they dont like to use their teeth, esp against a govt quango