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They cannot ignore a complaint.

Do you have a source for this, because in my experience private companies can and will ignore complaints on a regular basis. Either by literally ignoring it, or by sending out a generic form letter along the lines of 'Thank you for your complaint. After review it has not been upheld. This is not an appealable decision'.

Sorry DWMB2, but I felt that giving precise info in a post which the OP would read as opposed to a link to a CoP and legislation whose complexity might make their head reel for all I know, would be better.

As regards Complaints and the BPA CoP, 23.23 is clear:

..When you receive a complaint which you consider..to be an appeal then ..you must treat it as an appeal for the purposes of applying the timescales[applicable to appeals] ......

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

In short, unless the 'appeal' includes 'evidence of exceptional circumstances'..for the 'appeal' not being made within the normal timeframes, then the creditor may simply respond and state that they consider that it has not been made in time and therefore they are not under any obligation to consider further.

Unfortunately, I have become aware of this issue too late to appeal to POPLA is not 'exceptional circumstances' IMO.

But OP, you never know! And you've sent it anyway so you can only wait.

Quote from: b789 on July 01, 2024, 07:43:37 pm

They cannot ignore a complaint.

Do you have a source for this, because in my experience private companies can and will ignore complaints on a regular basis. Either by literally ignoring it, or by sending out a generic form letter along the lines of 'Thank you for your complaint. After review it has not been upheld. This is not an appealable decision'.

You've been quoted the "source" for this above. If they do not follow their ATA CoP and respond to a complaint then they run the risk of being suspended or worse which would mean that they no longer have KADOE contract with the DVLA and cannot simply click a button and receive keeper details which would severely affect their business model.

However, even if they have to treat the complaint as an appeal, they still have to respond. In my experience of dealing with these issues over many years, NCP are one of the few companies that regularly either don't use PoFA or mess it up, such as sending PoFA NtKs but outside of the required timeframe. In my experience, they have never tried to pursue a keeper who has highlighted their PoFA failure.

So, in this instance, if the OP has sent the complaint as advised, I believe that they are likely to cancel the PCN. We won't know until the OP tells us the outcome.

As for the minutiae being argued about how punctilious comms need to be, at least at this stage, is a bit academic.