POPLA Appeal - Advice appreciated

edward123

Coupon-mad wrote: »

I say B!

Under those circumstances, I would appeal to POPLA. I really feel we should not be ducking out of POPLA appeals just because the first couple of decisions have been 'computer says no'. This case has some differnet parts to it!

Clearly PE have tried to circumvent the POPLA appeal (denied it at first) and missed the timeline to give you the Code. So include that in your appeal to POPLA.

And they have also made up an additional part of the alleged contract which is not even on the signage (how much would have been enough on the receipt, who could possibly know unless the signs say 'free for customers spending £50' or whatever?!). To form a contract one party cannot arbitrarily add other clauses after the event which were not known at the time.

I would appeal to POPLA, why not. It will cost PE money and expose the fact they tried to pretend that it was too late for POPLA. Make that point very clearly in your appeal.

You have changed my mind in this case. :j
This shows that if one is to go down the POPLA route one has to have an appeal tailored exactly to the circumstances and from a person who knows how to make a case. But what if POPLA still rejects? I still think its best to go down the POPLA route to cost the PPC money but with a simple un-nuanced appeal meaning that if the PPC decided court then and only then does one bring in the laws often mentioned on here. This would mean the POPLA rejection would carry no weight and the PPC will be in the same situation before POPLA decisions.

BASFORDLAD

Maybe popla needs testing more but I think the charge to the ppc isn't Realky relevant considering the costs invovled

edward123

BASFORDLAD wrote: »

30 is neither here or there for most ppcs

Youre right. Yet £30 x hundreds or even thousands for one PPC would hurt a bit. Plus the hundreds of £2.50s. For the individual RK/driver it might be the satisfaction of some personal retribution.

Fergie76

Was the invoice attached to the car on the day of the incident or purely by post?

MrDance

All via Post, since the date they have changed the level of the sign to make them at eye level but still none in the area which Mrs Dance used

MrDance

Just to let you know I have started with option A and insisted they cancel the ticket within 7 days otherwise I will take option B and appeal to POPLA including the facts about missing the deadline and inform BPA of Parking Eye's failure to follow procedure as well as the misinformation in their letter of 12th December. I will keep you all informed.

Guys_Dad

MrDance wrote: »

Just to let you know I have started with option A and insisted they cancel the ticket within 7 days otherwise I will take option B and appeal to POPLA including the facts about missing the deadline and inform BPA of Parking Eye's failure to follow procedure as well as the misinformation in their letter of 12th December. I will keep you all informed.

Good. That will test the procedural technicalities. If they have sense, they will back off and not go to POPLA. If they do, POPLA should have no choice but to grant appeal on procedural grounds.

If I were you, and your dates are correct, then I would not muddy the waters on whether or not PPCs are legal or not. Simply go down the "failed to follow guidelines" route with POPLA.

So, yes, each appeal is best tailor made!

The_Slithy_Tove

MrDance wrote: »

Just to let you know I have started with option A and insisted they cancel the ticket within 7 days

No, shouldn't have done that - it gives them an option. You should have said, as already recommended, that their late response means your appeal is deemed accepted - full stop.

Did you say WHY they must do this, i.e. failed to act within 35 days? I hope so, otherwise they won't know why you have made your statement.

spacey2012

POPLA will reject, it is a Kangaroo court set up by parking companies.
The charges, give the parking company a legitimate charge to recover in court.

You dont win by playing their game to their rules.

MrDance

The_Slithy_Tove wrote: »

No, shouldn't have done that - it gives them an option. You should have said, as already recommended, that their late response means your appeal is deemed accepted - full stop.

Did you say WHY they must do this, i.e. failed to act within 35 days? I hope so, otherwise they won't know why you have made your statement.

Please find below the email i send, hopefully it will be sufficent

Dear Sir or Madam

Without prejudice, save as to costs

I am in receipt of your letter of 9th January 2013, informing me that my appeal of 5th November 2012 was unsuccessful. However you have missed the deadline for rejecting my appeal and accordingly it was deemed to have been successful. Under the BPA code of practice section 22.8 (copy attached), you are required to "acknowledge or reply to the challenge within 14 days of receiving it", which you failed to do. My first communciation from you was on the 12th December 2012, informing me that POPLA was no longer an option for myself, also factually incorrect. Further the code of practice requires that "you must accept or reject the challenge in writing within 35 days of receiving it", this again you failed to do as the letter rejecting my appeal was dated 9th January 2013.

I beleive that any further action you would take to recover this alleged charge would be struck out as you have failed to follow the procedure for dealing with my appeal. I therefore must insist that you cancel this charge in writing within 7 days, alternatively I will appeal to POPLA quoting this failure, which will be a good test of the independance of this body, in addition I will inform BPA of your failure to meet procedure as well as your misinformation in your letter of 12th December 2012.

Regards