No reply to appeals

[rob105]

Hi,

The vehicle in question received a PCN on windscreen, in a private, permit only car park. I appealed due to poor signage, to the only address given, a Box No. even though the PCN stated "do not appeal if the offence occurred". I received no reply but then received a NTK from a debt collection company, ( in which the town where it happened was misspelt) and I appealed again with no reply. I then received a letter saying that they are advising their client to instigate immediate legal proceedings. I have proof that both appeals were received. Does anyone know if they are operating lawfully, and what would be the best course of action.

[ostell]

So have you identified the driver in the appeals? how long ago was the appeal, more than 35 days? You have to receive a NTK from the parking compnay no9t a debt collector. How long after the parking did the NTK take to get to you?

[rob105]

Hi,

I received a PCN on windscreen, in a private, permit only car park. I appealed due to poor signage, to the only address given, a Box No. even though the PCN stated "do not appeal if the offence occurred". I received no reply but then received a NTK from a debt collection company, ( in which the town where it happened was misspelt) and I appealed again with no reply. I then received a letter saying that they are advising their client to instigate immediate legal proceedings. I have proof that both appeals were received. Does anyone know if they are operating lawfully, and what would be the best course of action.

Hi Ostell, thanks for your reply. I have not identified the driver, and the NTK was dated 26/6/18 and received 29/6/18. The PCN was issued on 3/5/18 and my original appeal was dated 14/5/18, but they only signed for it as received on 30/5/18. A copy of the first appeal was sent again after receipt of the NTK. Posted on 10/7/18 and received by them on 12/7/18.

[ostell]

Edit your first post so that the identity of the driver cannot be inferred, The driver received a NTD

Who is the parking company and who are the debt collectors?

With a Notice to Driver the Notice to Keeper has to be received within 56 days. I calculate that you received the notice on day 57 and therefore there can be no liability as the keeper. Could someone check my calculations please. The legislation is POFA 8 (4) & (5)

Could you check that your details were requested from the DVLA ? As they had your address they may not have bothered to get your details from the DVLA, saving £2.50, and hence cannot hold the keeper liable. I believe the email address is SubjectAccess.Requests@dvla.gsi.gov.uk Give the dates of the NTD and the date you received the NTK as the search dates.