Another Wing Parking "charge notice" ?

Stroma

hoohoo wrote: »

Or wait 35 days from your initial appeal for them to give you a POPLA code. After that time write to them saying they are out of time according to the BPA and that your appeal is therefore accepted.

Yes if they haven't sent you a popla code by 03/04/13 or accepted your appeal, then they are out of time and cannot pursue any further, well at least according to the BPA CoP (Download) and Popla

Coupon-mad

hoohoo wrote: »

Or wait 35 days from your initial appeal for them to give you a POPLA code. After that time write to them saying they are out of time according to the BPA and that your appeal is therefore accepted.

I would do this.:)

HO87

Stroma wrote: »

Yes if they haven't sent you a popla code by 03/04/13 or accepted your appeal, then they are out of time and cannot pursue any further, well at least according to the BPA CoP (Download) and Popla

WP operate appeals systems that vary to some degree from Borough to Borough/TMO to TMO which ever their client is. Some procedures include their clients at one level of appeal (sometimes more) others do not. None of the procedures seem to be published as a consequence of which recipients of invoices are left to feel their way through things. POPLA (Parking on Private Land Appeals) are included but sometimes at a second or third level of appeal.

FOI applications I have made so far reveal that in the majority of situations WP are "enforcing" on the basis of contract law despite the fact that attempts have been made to obfuscate and suggest that they are enforce byelaws/other statutory offences.

One must wonder how WP can have sufficient legal interest in the car parks in question, given that their clients are often TMO's/arm's length organisations contracted by Boroughs who may well have no formal or demonstrable ownership themselves?

My best guess - bearing in mind that contractual arrangements have not been revealed via FOI ("commercial confidentiality") is that any parking contracts are offered by the Borough/TMO and merely enforced by WP. Some Boroughs have admitted receiving a rake-off from the payments WP receive others have declined to answer (commercial confidentiality, again). WP receive the payments and retain all/part of it by way of consideration in their contract with the Borough/TMO. Those payments therefore appear to fall within the scope of VAT and VAT analyses/number should be offered.

Stroma

The thing about that is the bpa is quite specific in their CoP, it's not the motorists problem what appeal processes are in place by these idiots, everything must be decided in writing within 35 of original appeal or its over

When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately.You must not increase the charge until you have replied to the challenge.

We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to challenge the enforcement action.
You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, you must accept or reject the challenge in writing within 35 days of receiving it.We may require you to show that you are keeping to these targets.

HO87

Stroma wrote: »

The thing about that is the bpa is quite specific in their CoP, it's not the motorists problem what appeal processes are in place by these idiots, everything must be decided in writing within 35 of original appeal or its over

Entirely correct, keeping in mind of course that this only applies in situations where the PPC's intend to avail themselves of the facility to pursue the registered keeper as provided for in POFA. There is nothing to stop them pursuing those that have identified themselves as the driver by way of their appeals processes.

Coupon-mad

I love the fact Wing Parking reckon they can drag their heels over appeals with several layers of referral - yet in doing so they miss the rather more important 'supplying the POPLA verification code' deadline! :rotfl:

klaxhu

Coupon-mad wrote: »

I love the fact Wing Parking reckon they can drag their heels over appeals with several layers of referral - yet in doing so they miss the rather more important 'supplying the POPLA verification code' deadline! :rotfl:

well, i really hope they will miss mine

for now i only appealed once and was refused and i just replied online in their forum type case replying system saying the pictures were not clear, so i asked for the originals.

nothing back yet! will keep everyone informed on what is happening ...

you guys reckon i should just stay silent and say nothing and wait for the 35 days to be over?

Stroma

Well they have 35 days from your original appeal to give the popla code or okay the appeal. If you are militant you could write to tell them to give you the code, if you want a quiet life just wait until it passes, and if they do write to you after start making demands to the dvla, popla, bpa and themselves to stop this harassment

Coupon-mad

Say silent then write and say 'ha! too late!'

klaxhu

guys, sorry to bother you with this but i just wanted to make sure i am doing the right steps here...

i wrote them on the case thread (online) and they responded and sent me the original pictures, only that quality is really bad and i cannot read anything ...so i think they can never use those pictures anyway.

however, is the best now for me to wait as the order of things was this:

1. charge notice given
2. appeal on the sames day
3. response days later saying they dont care that i have a valid permit, it "wasn't displayed properly" so they said: appeal rejected and closed the case
4. i replied saying i need the original pictures
5. got them but still very unclear ...

6. what do i do now ? just sit and wait ?