Parking Eye, case on hold letter?

parking_question_chap

Evening all,

Last week I received a letter from parking Eye, stating my charge still stands as I have not provided evidence and I have 14days to pay or give some evidence to support my claim.

I clearly stated in my appeal (well it wasn't really an appeal,it was more me saying I have done nothing wrong and will not be paying) That I wanted their final answer and POPLA papers if rejected.

Is the 14day holding letter standard? or are parking eye just thick. I clearly stated I wanted a final answer and POPLA papers.

I have sent them an email saying I want a final answer.

Do you think they were just trying to scare me into paying and at the same time saving themselves £30 for 2 more weeks?

Best wishes.

ManxRed

The onus is on them to provide evidence, not you. They are the ones claiming you owe them money, not the other way around.

Let them reject your appeal - its the only way you can get the POPLA code for appealing anyway.

Sirdan

ManxRed wrote: »

The onus is on them to provide evidence, not you. They are the ones claiming you owe them money, not the other way around.

Let them reject your appeal - its the only way you can get the POPLA code for appealing anyway.

This raises another hypothetical can of worms in this whole misguided sorry saga.
What if you appeal and the PPC ignore your appeal ...i.e. they don't reject it but just carry on with their debt collection letters etc etc etc ....??
If they do that then technically they have not rejected the appeal and as such don't have to give you a POPLA ref.

However if (and it is a big if) a non reply is deemed to be a rejection by default and a POPLA ref is due to the appellant who is going to do owt about it ..the BPA ???

Don't make me laugh !

POPLA ? Nope ! No ref number = no recourse to POPLA .

Any thoughts ?

ManxRed

I thought they had 35 days and that was it? If they don't respond, the ticket is cancelled?

Also, they wouldn't in theory be able to send any follow up chaser letters at all would they? They would need to resolve the appeal one way or the other first?

peter_the_piper

As an addition, if the ppc does not accept/reject an appeal within the 28 days would it not have timed out? I can't see anywhere where this is considered.

parking_question_chap

Interesting Sirdan, however I was under the impression that it could not go to court without the POPLA decision.

Hence the only possible way I would pay, is therefore redundant.

BASFORDLAD

parking_question_chap wrote: »

I have sent them an email (I advise never phone parking eye as its 0844 number) TELLING them again I want a final answer.

s.

The is actually a non 0844 number available if you wish to phone these morons

Sirdan

parking_question_chap wrote: »

Interesting Sirdan, however I was under the impression that it could not go to court without the POPLA decision.

Hence the only possible way I would pay, is therefore redundant.

If you don't appeal then there is no POPLA but theoretically the PPC can still issue a claim .

Sirdan

ManxRed wrote: »

I thought they had 35 days and that was it? If they don't respond, the ticket is cancelled?

Also, they wouldn't in theory be able to send any follow up chaser letters at all would they? They would need to resolve the appeal one way or the other first?

Interesting where is the 35 days coming from is it in POFA ?
I don't see why they couldn't ignore any appeal and still send out the usual letters ...I mean things do get lost in the post ..and I would not put anyting past some PPPCs !

ManxRed

Sirdan wrote: »

Interesting where is the 35 days coming from is it in POFA ?
I don't see why they couldn't ignore any appeal and still send out the usual letters ...I mean things do get lost in the post ..and I would not put anyting past some PPPCs !

From here (near the bottom):

http://www.popla.org.uk/receivedaPCN.htm

On receipt of your representations, the operator must:

• Consider any representations received within the time allowed for representations;
• Acknowledge or reply to the representations within 14 days of receiving it;
• Decide whether to accept or reject the representations;
  • Within 35 days of receiving the representations, accept or reject it and inform the maker.
  • If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.

On those cases where Parking Eye (I think) are sending non-committal responses without POPLA codes, maybe the recipients should just wait and let them time out?

Sirdan

"Decide whether to accept or reject the representations;

• Within 35 days of receiving the representations, accept or reject it and inform the maker.
• If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid."

So say POPLA but what if the PPC don't follow this , who is to stop them just carrying on with their collection process.....would such a transgression be fatal to any future claim ?

Or to be more precise what legislation compels the PPC to do as POPLA say re appeal timescales ...none I suspect !


Seems a rogue PPC could ride roughshod over all this and just carry on as before and unwitting motorists would be none the wiser !