POPLA Appeal - Advice appreciated

The_Slithy_Tove

MrDance wrote: »

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

Excellent (apart from misspelling of independence)!!

Dublindel

Ignoring POPLA is not what we need to do right now. It is a fact that the rules have changed and there is a new player on the scene (POPLA). We need to see a dozen or more POPLA cases to form an opinion on them. My case is with them now and is due by March 3rd. Forget about appeal charges, concentrate solely on the main point of your argument, do not add other loose technicalities to muddy the waters. I have stuck to the one main point to avoid POPLA wandering off course in thier submissions. Ignoring means you are harassed and technically we achieve nothing. So let's dig in and embarrass POPLA with their own submissions.

MrDance

So no surprise I have heard nothing back from PE within the deadline I set so we are off to POPLA. As advised I am going to stick to the facts regarding to the procedural faults and the missing of deadlines by PE. I was thinking of the following and would appreciate any advice/thoughts.

Appeal on the grounds of "I am not liable for the parking charge"

On the 25th October 2012, it is alleged a parking charge was incurred. I sent an appeal on 5th November (copy enclosed - highlighting the fact an appeal was being made). I heard nothing from Parking Eye regarding my appeal until 19th December 2012 (copy enclosed) and indeed my appeal was rejected on 9th January 2013 (copy enclosed). Under section 22.8 of the British Parking Association Code of Practice (copy enclosed), the Operator (Parking Eye) is required to "acknowledge or reply to the challenge within 14 days of receiving it. If at first they only acknowledge the challenge, they must accept or reject the challenge in writing within 35 days of receiving it". It is clear from the above timeline that the operator has failed to followed the procedure for my appeal, by a) missing the 14 day deadline to acknowledge my appeal and b) by missing the 35 days deadline to reject my appeal. Therefore the Operator is deamed to have accepted my appeal and should therefore cancel the alleged charge.

The_Slithy_Tove

POPLA will reject your appeal. While there may have been procedural faults, this is not a council ticket which would fall in such cases. I am sure POPLA will still say that there was a contract, you have provided no evidence why that contract should not stand, so pay up.

P.S. You should still complain to the BPA and DVLA for failure to comply with the COP. The more complaints the merrier.

spacey2012

P.O.P.L.A

MrDance

The_Slithy_Tove wrote: »

POPLA will reject your appeal. While there may have been procedural faults, this is not a council ticket which would fall in such cases. I am sure POPLA will still say that there was a contract, you have provided no evidence why that contract should not stand, so pay up.

P.S. You should still complain to the BPA and DVLA for failure to comply with the COP. The more complaints the merrier.

Of course I am expecting them to reject my appeal, but if PE are then stupid enough to take it further just more evidence that POPLA is not independent.

I am going to complain to BPA and DVLA as well as I did tell PE if they did not cancel their charge, well worth the price of a stamp

hoohoo

I don't think you can appeal to POPLA without a POPLA code though...

BPA and DVLA are well worth the effort though. If PE aren't playing the game correctly, the DVLA should (eventually) ban them from access as long as enough people complain

MrDance

hoohoo wrote: »

I don't think you can appeal to POPLA without a POPLA code though...

BPA and DVLA are well worth the effort though. If PE aren't playing the game correctly, the DVLA should (eventually) ban them from access as long as enough people complain

Oh I have a POPLA code

I have sent a complaint to BPA and just trying to find an relevant email address for DVLA

surfboy1

hoohoo wrote: »

I don't think you can appeal to POPLA without a POPLA code though...

BPA and DVLA are well worth the effort though. If PE aren't playing the game correctly, the DVLA should (eventually) ban them from access as long as enough people complain

The DVLA seem very reluctant to do anything against Parking Eye.
Maybe because they get the most custom, (money) , from them !;)

MrDance

Have had a very bland blah blah blah reply from BPA to my complaint