parking eye fine .need advice and help!

nigelbb

Stroma wrote: »

Until popla changes the rule as well, don't forget it's owned by scammers central.

Not owned merely funded by although they do have a weekly conference call just to check how their money is being spent.

Stroma

nigelbb wrote: »

Not owned merely funded by although they do have a weekly conference call just to check how their money is being spent.

Tell you what when the new CoP comes into place, watch what popla does with their so called rules, I would punt a rather large sum of money that they will change also.

Guys_Dad

nigelbb wrote: »

That's not quite correct. The proposed new clause roughly states that 35 days is the target to accept/reject but that in exceptional circumstances where more time is required to reach a decision that they may take longer.

In this case PE have already rejected the appeal so the 35 day rule has been satisfied. POPLA cannot hear cases more than 28 days after rejection so if a code is not provided then PE are in breach of the CoP by not offering access to POPLA.

I am not sure that this is 100% correct. Let me quote from the the BPA and POPLA web sites.

The BPA COP states the following:-

22.12 If you reject a challenge you must:
• tell the driver how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form, or a link to the appropriate website for lodging an appeal
• give the driver a reasonable amount of time to pay the charge before restarting the collection process. We recommend that you allow at least 35 days from the date you rejected the challenge.

Note it does not state in that section that they must supply a POPLA code initially, just that they must tell you how to appeal to POPLA.

On POPLA's web site, it states the following

How to appeal

An appeal form, containing your 10 digit verification code, should be sent by the operator with the rejection of your representations. If this form is not enclosed, the operator should be contacted to obtain one.

You may submit your appeal online here or, if you prefer, you can complete the form and return it to POPLA by post as soon as possible.

Now, I contend that this gives the PPC wriggle room and places the onus on the motorist to ensure that they have received a POPLA form and POPLA code from the PPC.

Remember, we are dealing with PPCs and their "court" here and I would always take the pessimistic view of any wording in COPs, instructions etc emanating from these sources.

So, until we have a test case from POPLA one way or the other, I would be reluctant to rely on the "time out" get out.

Of course, that's only my interpretation of what I have read and others are free to disagree (but do it politely, please. It's a nice sunny late afternoon, and I am at peace with the world and on the motorist's side)

Stroma

It's no good though, if the motorist doesn't know what popla is, doesn't know about code of practices, and is only reliant on what the parking company gives then no wonder people are not aware how to do things.

The bpa should be forcing these companies to enclose details of popla with every invoice sent out, like the councils are with patas etc. and we should be lobbying MPs to force the bpa to do this.

Guys_Dad

With you 100%. But in the meantime, like the sarge in Hill Street said, "Be careful out there!"

I miss that programme. http://www.youtube.com/watch?v=Tg3Cte-Q_3M

nigelbb

When PE reject an appeal they normally enclose a POPLA form filled in with the PCN number & verification code. In fact in the closing paragraphs of EYE01 it says "The POPLA appeals form and contact information can be found enclosed. See also www.popla.org.uk/uploadevidence.htm" It would be interesting to know whether the OP's rejection letter does contain these words & that it's just an "oversight" that the POPLA form was not enclosed.

bobbykhan

i have got the POPLA form but there is no appeal code

nigelbb

bobbykhan wrote: »

i have got the POPLA form but there is no appeal code

If it's the usual POPLA appeal form that PE send out it should have the car registration number filled in along with the PCN number & a 10 digit verification code starting 606 at the foot of the form.