Parking eye are on my case and I've been naive it seems:(

fantoman

Coupon-mad wrote: »

No worries, I didn't notice you had repeated it! Anyway it's not daunting, it's easy to 'research' everything as it's all here on this forum already:



'POPLA decisions' tells you about some cases which have lost and won already (most do win now we know what to throw in!). You can see the sort of argument that wins and use some of it in your own appeal.

'New POPLA information website' was written to explain POPLA to newbies, well worth a read.

I strongely recommend POPLA otherwise you'll be living your life over the next few months wondering 'what if they choose me for a small claim because I'm ignoring them and they know that their letters are being received because I responded at first...' And as you already have stress-induced anxiety I can't think that's going to help!

It's VERY UNLIKELY to go to a small claim - and you'd win with a decent defence from here or pepipoo forums anyway. But it would be stressful and I honestly think anyone who appeals to the scammers should then appeal to POPLA. Knock the whole scam on the head at the scammers' expense and rid yourself of those begging letters from debt collectors as well!

Especially as you are here on this forum and can get help with your draft wording. Shout when you need some help and please show us what you've basically drafted (you have to start the letter because you were there, we weren't).

Hi Coupon and thanks very much. I will read up on that later as I mentioned in a reply above; I did not get a popla code with the first letter and obviously, PE refused my appeal. They wrote back stating that i would be provided (by PE) with details of POPLA but i should note " THE POPLA SERVICE IS ONLY AVAILABLE FOR PARKING EVENTS DATED FROM 1ST OCT 2012 AND POPLA WILL NOT ACCEPT AN APPEAL IF I HAVE NOT APPEALED TO PE IN FIRST PLACE" PE did not supply the POPLA details. I did not sign the declaration letter agreeing to my suggestion of instalments and no further letters have arrived and i'm sure it's only a matter of time before they arrive. So maybe that "legal terminology" letter needs to be readied. And yes - I'd appreciate any help with this. I'm quite happy to use the anxiety clause as I do believe it was instrumental in me not registering the signs. Just so I'm clear on this - My next step is to draft a letter to POPLA but post it here for your additions and extra info before mailing it to POPLA? In the meantime, should I write to PE and tell them I have taken advice, I withdraw my offer to pay and I am writing to POPLA? Sorry to go on but at the moment, until I can up my employment again - £60 is a helluva lot to me. yours. F

fantoman

Guys_Dad wrote: »

OK. Ran out of milk and tea, so went to Tesco Wolverton. When there, crossed road to look at the car park signs.

Basics:- small car park less than space for 30 cars. 2 signs on entry, 3 others around car park. Seems that Parking Eye have updated at least one of the signs to recognise POPLA.

Most say £100 charge reduced to no more than £75 if paid promptly, see PCN.
Updated sign says reduction of at least 40% if paid promptly, see PCN etc.

Interestingly enough, the signs refer to "store" but there are at least 4 in block.

Worth checking who owns car park as signs are confused a bit about who is "store".

But I didn't take BPA COP or POFA Schedule 4 to check compliance in writing size.

POPLA appeal will need to concentrate on authority to ticket, I fear.

Hi GD and thanks very much. And thanks for the detective work - that was particularily kind of u. I replied to Coupon below and hope u don't mind me duplicating some of that here. U chaps are obviously much more aware of these things and I appreciate, greatly, any help. I did not get a popla code with the first letter and obviously, PE refused my appeal. They wrote back stating that i would be provided (by PE) with details of POPLA but i should note " THE POPLA SERVICE IS ONLY AVAILABLE FOR PARKING EVENTS DATED FROM 1ST OCT 2012 AND POPLA WILL NOT ACCEPT AN APPEAL IF I HAVE NOT APPEALED TO PE IN FIRST PLACE" PE did not supply the POPLA details. I did not sign the declaration letter agreeing to my suggestion of instalments and no further letters have arrived and i'm sure it's only a matter of time before they arrive. So maybe that "legal terminology" letter needs to be readied. And yes - I'd appreciate any help with this. I'm quite happy to use the anxiety clause as I do believe it was instrumental in me not registering the signs. Just so I'm clear on this - My next step is to draft a letter to POPLA but post it here for your additions and extra info before mailing it to POPLA? In the meantime, should I write to PE and tell them I have taken advice, I withdraw my offer to pay and I am writing to POPLA? Sorry to go on but at the moment, until I can up my employment again - £60 is a helluva lot to me. yours. F

nigelbb

You need a verification code from PE before POPLA will accept an appeal. They should have given you the code when they rejected your appeal in the first place. Please can you tell us the dates of all the letters (yours & theirs) & exactly what their first letter rejecting your appeal said? They are supposed to reply within 14 days & supply a POPLA code within 35 days of receiving your appeal or challenge.

Coupon-mad

You don't need to work on a POPLA appeal yet and you may not need to.

Either
- demand a POPLA code and say you will be taking the matter to POPLA at their expense (making it clear you know what POPLA is about and that they have to fund it, and that they have already missed deadlines set in the BPA Code of Practice).

Or
- wait until 35 days have elapsed from when they would have received your appeal (assumed to be 2 working days after you sent it, if posted, or of course straight away - in working hours - if emailed). Then after that period you could email or write to tell them they have breached the BPA code by not providing a POPLA verification code within the timescale required.

I would take the second option if it were me, and add that you only thought you had to pay because you were frightened by the intimidatory nature of their reply to your appeal. Now you have researched it and you realise that their rejection letter breached the BPA Code of Practice as it failed to give you the POPLA code in time, as well as putting pressure on you to pay. As such, the matter is deemed closed and you will certainly not be signing their ridiculous declaration nor paying them a penny.

Any further contact (except for confirmation the fake PCN is now cancelled) will be deemed harassment and their breaches will then be reported to the BPA and DVLA.

fantoman

Dear Coupon - thanks again for your help. So far, since the letter from PE saying they were now expecting instalments from me and their declaration for me to sign to confirm this (approx 2 weeks ago) - I haven't heard a peep from them - naturally, i'm hoping they've just stopped but I'm guessing this is unlikely. My Plan following the advice is to ignore the next few letters but prepare, in the meantime, my final letter to them based upon what you have written in your 2nd option above. I was wondering if there was a possible template letter with the correct legal wording that I could use to formulate my own letter? Many thanks again and should i keep the thread in the loop?
yours F

fantoman

PS That thanks extends to everyone who's answered and advised me.
Cheers. F

Coupon-mad

fantoman wrote: »

Dear Coupon - thanks again for your help. So far, since the letter from PE saying they were now expecting instalments from me and their declaration for me to sign to confirm this (approx 2 weeks ago) - I haven't heard a peep from them - naturally, i'm hoping they've just stopped but I'm guessing this is unlikely. My Plan following the advice is to ignore the next few letters but prepare, in the meantime, my final letter to them based upon what you have written in your 2nd option above. I was wondering if there was a possible template letter with the correct legal wording that I could use to formulate my own letter? Many thanks again and should i keep the thread in the loop?
yours F

There's no template but I made some suggestions to this poster just now (this is regarding a first challenge to PE prior to POPLA):

https://forums.moneysavingexpert.com/discussion/4509519

If you ignore letters for a while without appealing and let time elapse then you'll no longer have POPLA as an option and will be wondering all the time whether PE are going to choose your case for a small claim later on (defendable but a worry nonetheless).

I recommend POPLA as an option - but if you are saying that you did already appeal and they didn't offer it to you in the rejection letter then they are stuffed!

Never just use a template unedited. If and when you want to respond to them, put it in your own words especially as you are saying you already appealed - would they have got that appeal initially, more than 35 days ago?

Wait for more than the 35 days to elapse, if they did reject but didn't offer POPLA!

And of course, don't reply to any private messages offering to 'help' with this (could be a PPC troll), keep it on this open forum and keep replying to this thread to keep it at the top when you need help, when you get a reply from PE.