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    • TDR500
    • By TDR500 24th Jul 16, 8:10 PM
    • 16Posts
    • 11Thanks
    TDR500
    Missed POPLA Appeal deadline
    • #1
    • 24th Jul 16, 8:10 PM
    Missed POPLA Appeal deadline 24th Jul 16 at 8:10 PM
    Hi

    I appealed to the private parking cowboys using the standard letter on the forum (BPA member) and got the possibly expected half response and appeal rejection.

    I have been busy and set my appeal reminder incorrectly and having tried to appeal on the POPLA site the 10 digit reference is not recognised. Could be because I am about a week overdue?

    Should I post my appeal to POPLA or just wait to challenge via small claims? I suspect I should do both.

    There was no PCN, the date of the alleged event claimed in the NtK is incorrect, the NtK was sent 57 days after the alleged date (not the 14 days under 9 (5)) and does not give a) the full address b) the time period of the contravention (probably on the previous day, when the car was there it was for a brief drop off or pick up of kids at the premises they claim to work for - so a matter of minutes). So I think it is invalid.

    Now I have worked out that the address was a school I will be writing to the school too. Probably better off just paying the damn thing in the first place.

    Any helpful advice, shared experience gratefully received.
Page 2
    • TDR500
    • By TDR500 16th Oct 16, 10:53 PM
    • 16 Posts
    • 11 Thanks
    TDR500
    From reviewing the .Gov website Community Schools are the local authority schools so still thinking this is owned by the local council.
    • TDR500
    • By TDR500 16th Oct 16, 10:56 PM
    • 16 Posts
    • 11 Thanks
    TDR500
    Thanks
    I'd try the phone call first, to the school, asking who contracted the parking firm and who to contact with a complaint. Stay on the line till they tell you...

    Your POPLA appeal is moot, because you are too late to submit it. But useful as a basis for a defence if you should need it.

    You might get a Letter of claim or court papers from Gladstones in the end but they are defendable. As I stated to a poster just now, I can't recall a forum-defended Gladstones claim which actually proceeded to a hearing, this year. We've helped with bespoke defences in a number of cases but none have actually gone to a hearing AFAIK, and certainly some have been discontinued over the Summer as I remember posters confirming as much.
    Originally posted by Coupon-mad
    Will do and post an update tomorrow. Thanks for the advice.
    • TDR500
    • By TDR500 16th Oct 16, 11:10 PM
    • 16 Posts
    • 11 Thanks
    TDR500
    Just remembered that another local school is council run but the building is owned by a Japanese investment bank so this could be interesting....
    • TDR500
    • By TDR500 17th Oct 16, 9:39 PM
    • 16 Posts
    • 11 Thanks
    TDR500
    Spoke to school receptionist and letter emailed to the school's "Business Manager" late this afternoon. From the extrra research I have done local authorities can use private firms on land which isn't s35 designated for parking or public highway.

    Watch this space. PS POPLA was included for background in the hope that the school takes a reasonable view and supports my request to cancel the charge.
    • Fruitcake
    • By Fruitcake 17th Oct 16, 11:31 PM
    • 36,428 Posts
    • 73,219 Thanks
    Fruitcake
    Just a point to note. The Alternative Dispute Regulations 2015 state that ADR must be available for not less than one year.


    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288199/bis-14-575-implementing-alternative-dispute-resolution-directive-and-online-dispute-resolution-regulation-consultation.pdf

    From page 27, item 64.

    The grounds for refusing to deal with disputes which can be applied are as follows:
    - the consumer has made no attempt, in the first instance, to resolve the complaint directly with the business;
    - the complaint is frivolous or vexatious;
    - the dispute is being or has been considered by another certified ADR provider or a court;
    - the value of the claim falls below or above a pre-specified limit (any monetary thresholds must not significantly impair access to ADR);
    - the complaint is not submitted within a pre-specified time limit (which cannot be set at less than a year from when the complaint was first submitted to the business);

    Since the OP has submitted an independent appeal within the one year deadline, PoPLA are in breach of the UK Government regulations by not allowing the appeal.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 17th Oct 16, 11:43 PM
    • 40,363 Posts
    • 52,233 Thanks
    Coupon-mad
    Spoke to school receptionist and letter emailed to the school's "Business Manager" late this afternoon. From the extra research I have done local authorities can use private firms on land which isn't s35 designated for parking or public highway.
    Originally posted by TDR500
    Who told you that? The BPA thought as much but the Government does not agree:

    http://notomob.co.uk/discussions/index.php?topic=4512.0

    As long as there is parking provision for the public (in any way) on that land then it can't be operated as if it was private/under contract law.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • TDR500
    • By TDR500 18th Oct 16, 9:12 AM
    • 16 Posts
    • 11 Thanks
    TDR500
    Adr
    So do you think it is worth resubmitting to POPLA with reference to this in the covering letter? Subject to the response I get from the landowner of course.

    Anyone else with experience of POPLA deadline?
    • Coupon-mad
    • By Coupon-mad 18th Oct 16, 1:07 PM
    • 40,363 Posts
    • 52,233 Thanks
    Coupon-mad
    No, they will not hear the case beyond about 32 days and you can't submit it online, the code won't work. Even posting it will be wasting a large stamp.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Fruitcake
    • By Fruitcake 18th Oct 16, 1:46 PM
    • 36,428 Posts
    • 73,219 Thanks
    Fruitcake
    No, they will not hear the case beyond about 32 days and you can't submit it online, the code won't work. Even posting it will be wasting a large stamp.
    Originally posted by Coupon-mad
    Agreed, but it is worth pointing our if you get court papers that you are prepared to accept ADR in line with the UK Gov regulations, but you were refused by the unregulated parking industry.
    Please judge may we save the court's time and money and let this go to ADR?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • TDR500
    • By TDR500 19th Oct 16, 9:31 PM
    • 16 Posts
    • 11 Thanks
    TDR500
    So I got a response from the school. Somewhat misses the point so I will givc it another go. [Redacted] version below. I feel some questions about procurement and an FOI to the local council coming on...

    Hi x


    Thank you for getting in touch. As you mentioned in your letter we had to enforce parking restrictions at the [school] due a vast number of vehicles that park at the school carpark. We’ve had drivers park in front of the fire exists and the main entrance, causing health and safety and operational issues. There have been instances where cars have been left in our carpark for two weeks at the time.

    It is very had to make exceptions, and we had to apply one rule for all. No parking. I am sorry that you’ve received this ticket, unfortunately we needed to enforce this restriction to protect the students and the staff at [the school].

    As far as the communication goes we have advised y [after school service provider] that they need to inform all their visitors of the restrictions. These restrictions have been in place for almost 3 years. X [the parking co] is an independent organisation and [the school] does not profit from this venture. Therefore we don’t get involved in the penalty fines.


    Regards


    [ ]
    • Umkomaas
    • By Umkomaas 19th Oct 16, 10:22 PM
    • 10,960 Posts
    • 16,352 Thanks
    Umkomaas
    causing health and safety and operational issues.
    Don't they just love to quote the safety elf when they have no real answer. A proper jobsworth response. Seen it so many times in so many and various situations.

    Therefore we don’t get involved in the penalty fines.
    Evidence, if it was ever needed, about just what little they understand. Penalise and punish! Do they still administer the cane?
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
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