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Details on Parking Charge Notice

13567

Comments

  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Anyone have any idea of when they are legally obliged to reply to me by??
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
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    Never? They are not 'legally obliged' to do anything. :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Coupon-mad wrote: »
    Never? They are not 'legally obliged' to do anything. :)


    Get that, so to put it another way;

    How long do they have to turn down my appeal or no longer be able to proceed. ie there must be a time limit before which they have to supply the POPLA code No?
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
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    Get that, so to put it another way;

    How long do they have to turn down my appeal or no longer be able to proceed. ie there must be a time limit before which they have to supply the POPLA code No?

    The BPA CoP gives them 35 days to provide for a rejection of your appeal with an accompanying POPLA code. But a CoP is not 'the law' (although the Law Lords of the Supreme Court determined that it was 'effectively binding', but still not 'the law').

    They will no longer be able to 'proceed' after the balance of 6 years has expired. Limitation Act 1980.

    https://en.m.wikipedia.org/wiki/Limitation_Act_1980
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Umkomaas wrote: »
    The BPA CoP gives them 35 days to provide for a rejection of your appeal with an accompanying POPLA code. But a CoP is not 'the law' (although the Law Lords of the Supreme Court determined that it was 'effectively binding', but still not 'the law').

    They will no longer be able to 'proceed' after the balance of 6 years has expired. Limitation Act 1980.

    https://en.m.wikipedia.org/wiki/Limitation_Act_1980

    Well, it's about 37 days since I sent in the appeal and no response, just a demand yesterday for an increase in charge of now £100.

    I have sent them several other emails expressing disgust and suggesting harassment and informing them that they have failed to comply with POPLA guidlines.

    It's impossible to email them, the number given goes straght to the appeal process and simply generates an auto response email. i have about 10 of these now.

    But this is the real joke, their website states they have a dedicated and manned call centre that deals with both appeals and payments but if you call it it simply directs you to send money or how to appeal. There is no way to talk to anyone.
    However if you go to their main website and ring their corporate number even though it states that this number is not for dealing with charges or appeals, then you get their call centre. They really are doing everything to avoid easy access.

    Incidentally they said they are experiencing heavy appeal numbers at present and it can take over 35 days to respond, they really are totally unprofessional and complete jokers, :exclamati:exclamati
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    edited 22 November 2016 at 10:52AM
    I also just read this on "Resolver"

    How to appeal?
    Get as much evidence as possible. Take photos of where you got the ticket. Look out for:

    Signs: are the signs unclear, or not visible where you parked?
    Ground markings: are any parking bays unclear or with no marking at all?
    Meter: take a picture of the ticket and the meter
    Witnesses: if possible get witness statements to support your case
    Once you submit your complaint the company must respond within 14 days and 35 days to decide your appeal.

    Technicalities
    If the ticket was sent out to the Registered Keeper "Notice to Keeper" earlier than 28 days after a windscreen ticket has already been issued.

    If the "Notice to Keeper" arrives after 28 days then the Private Parking company can only persue the driver, but cannot persue the keeper.

    Also if the firm asked the DVLA for the details of the Registered Keeper earlier than 28-days it also cannot sue the Registered Keeper. The DVLA is also liable for a breach of the Data Protection Act.


    Now my "ticket" was by post, does the same apply re DVLA? and it states must in the above details, is that correct??
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Never phone a PPC (or debt collector) - you'll end as 'runner up'! Also, try 'showing' a judge your telephone call(s).

    Written complaint now to the BPA that HV have not complied with the CoP, ask them to intervene and sanction them.

    Just check your junk/spam folder that there's no reply there from HV seeing that you've been corresponding via email.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,614 Forumite
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    Now my "ticket" was by post, does the same apply re DVLA? and it states must in the above details, is that correct??
    No, neither the BPA nor DVLA care about the 35 days and you are not far past that time.

    Relax, it is only Highview!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ralph-y
    Ralph-y Posts: 4,563 Forumite
    First Anniversary Name Dropper First Post Photogenic
    did you ever go back to complain to the manager with the bank statement ? or / and write to head office / CEO ?

    Ralph:cool:
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    edited 23 November 2016 at 11:21AM
    Coupon-mad wrote: »
    No, neither the BPA nor DVLA care about the 35 days and you are not far past that time.

    Relax, it is only Highview!

    Yes, only highview parking, and I'm fine dealing with them, but back to the 1st post, it's the 1st time I have ever had a ticket/charge and I'm in my mid 60's. It's the missus that gets worried and when she gets worried I get agro, :A


    So the bit I quoted from Resolver, "Once you submit your complaint the company must respond within 14 days and 35 days to decide your appeal", is incorrect.


    I drew from all the advice that they could pursue me for 6 years if I didn't appeal, but is I did they had to respond within 35 to remain within the industry guidelines, even though they are not "law"? correct or not?

    Did i go back to Lidl Ralph?, yes I did but again too early for the manager. Young guy said he didn't know but to be honest I still think I have a strong enough case but back there Friday so will try to catch him again.

    It's enough to confuse anyone around that shop to be honest as Aldi is about a 100 yds away but under different car park management and covered bu CCTV, but in there you get a free hour but if you stay longer you have to sign your reg in a book in the shop. Lidl do refund tickets, I asked last week, I just didn't see the system had changed to cameras.

    The other annoying thing is that they are supposed to suspend the process until they deal with the internal appeal, but they send escalating demands out I was told as automated responses, !!!!!!??

    Incidentally I don't think I've hung myself, they wouldn't take my charge refd over the phone and I'm on PAYG mobile.
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
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