not the driver

Umkomaas

If the representations are not accepted the operator must send the rejection
notice to the motorist with the reasons for the rejection. They should also include
an appeal form, as well is the verification code, allowing the motorist to appeal to
POPLA. In the case of online representations, the appeal form can be replaced
by a link to the POPLA website but must always include the verification code.
Operators should not need to be asked for this by the motorist.

Has anyone ever seen 'the reasons for rejection'? I can't recall seeing anything of substance in the letters that have been posted on here and PePiPoo.

I sense another appeal point to put before POPLA - they've said it, so presumably they must deal with it?

nigelbb

The handling by PPCs of appeals is normally another breach of the CoP as they are are supposed to:-

22.1 Under the Code you must have procedures for dealing
fairly, efficiently and promptly with complaints, challenges
or appeals

Dishing out a template letter like EYE01 is not dealing fairly with appeals. Not responding within the 35 days laid down or dragging out the appeals procedure so as to wear down the motorist & avoid giving a code for POPLA is another sin that the PPCs are guilty of i.e.not dealing efficiently and promptly with appeals.

hoohoo

Just to reiterate, the easiest way might be to go to the shops and ask them to cancel this. For a 12 minute overstay, this is likely to be your easiest way to kill this off.

Umkomaas

nigelbb wrote: »

The handling by PPCs of appeals is normally another breach of the CoP as they are are supposed to:-



Dishing out a template letter like EYE01 is not dealing fairly with appeals. Not responding within the 35 days laid down or dragging out the appeals procedure so as to wear down the motorist & avoid giving a code for POPLA is another sin that the PPCs are guilty of i.e.not dealing efficiently and promptly with appeals.

If you consider the amount of detail POPLA put into their appeal decision (for or against the motorist) then surely that is more in line with what a PPC should be delivering.

After all, the motorist, especially if assisted from here, CAG or PePiPoo, will have gone to a good deal of research, consideration, drafting and final editing before submission.

What the PPC sends back is an insult.

Coupon-mad

seadreaming wrote: »

Again thank-you for all the info and links to other threads. I've read through these and some other posts and I feel fairly clear:
wait now until the last week of June (the close to 35 day mark) and then write back along the lines of 'you haven't given me the code in the time your meant to' type of letter.
I guess they might after this 14 day 'on hold' (I realise that it still all goes by the first letters) write to me with a code anyway. In which case onto the appeal stage.

You guess wrong.

They do not, it all goes quiet and then with PE you never know if they will pick you for a small claim. Hence why we tell you to respond of course (always in the third person not giving them any information about the driver or the situation on the day), demanding your code so you can win at POPLA and stop their little game.

seadreaming wrote: »

My only other query at the moment after having read some posts on other threads is that although I wrote saying I want to appeal & made reference to popla appeal I did not specifically ask for a code. There is a mixture of posts on these - I think generally people seem to be saying I didn't have to, saying I want to appeal was sufficient & how would someone know they have to ask for a code (I thought I'd read so much before sending the first letter but somehow managed to not find anything about asking for the code!).

Do I still hang on or do I need to specifically need to write to ask for a code? Apologies if this is a silly question. All this new found knowledge is helping to spread the word though - met two people recently who'd had these invoice letters and were about to send off cheques - they were as gobsmacked as I was to discover what a big scam it all is.
sd

As above, be proactive, get that code. That's your golden ticket to costing the scammers £27 plus vat plus LOTS of man-hours and postage, only to see their fake PCN cancelled by POPLA (if you word the POPLA appeal as per strong examples here and on pepipoo).

Hoohoo is right though. EVERYONE should bombard retail Managers with a complaint every time a customer gets a fake PCN demand for money 'just for shopping'. Really, your couldn't make it up could you, it's an insult. In other Countries this would be laughed at by the public but not in the UK, nope, people fall for it and get scared. COMPLAIN.

atilla

Let's not forget that the scammers can only push the RK liability route if all their correspondence is POFA compliant.
Anyone yet seen a letter that is?

seadreaming

You're all most kind with your time on this & I feel a bit dim asking for yet another point of clarification. Re writing to them -

(Apologies for not getting the quote into a box.)
You guess wrong.
They do not, it all goes quiet and then with PE you never know if they will pick you for a small claim. Hence why we tell you to respond of course (always in the third person not giving them any information about the driver or the situation on the day), demanding your code so you can win at POPLA and stop their little game.

So do I still wait until the end of June & then write along the lines of:
Re your parking charge notice.

It is now 35 days since my appeal, dated [xyz]. Under the BPA code of practiceyou are required to either cancel your invoice, or issue me with a POPLA codewithin these timescales.

As you have done neither, the invoice is cancelled by default and furthercorrespondence from you, other than to confirm the invoice is cancelled, willbe regarded as harassment.

or write a letter asap & ask for the code. Is saying I want to appeal in the first letter not enough?
Hoohoo - your advice re approaching the shops is helpful. Unfortunately on this occasion the driver bought a sandwich from one of the shops near the car park but didn't keep the receipt. I guess there must be an overall premises manager for all of the shops near this car park who might be willing to do something. I'll trying asking in the sandwich shop first - feels like a long shot but worth a go.
Many thanks to all who have posted replies.
sd

Coupon-mad

seadreaming wrote: »

So do I still wait until the end of June & then write along the lines of:
Re your parking charge notice.

It is now 35 days since my appeal, dated [xyz]. Under the BPA code of practiceyou are required to either cancel your invoice, or issue me with a POPLA codewithin these timescales.

As you have done neither, the invoice is cancelled by default and furthercorrespondence from you, other than to confirm the invoice is cancelled, willbe regarded as harassment. And your client in the car park will be held jointly and severally liable of course, so they will be hearing from me.

If you choose to now provide a POPLA code late because you are relying upon an (oft-quoted in 'Parking Eye Land' it seems) 'planned change in the clause re the 35 days' then you'd be mistaken because the extant BPA Code of Practice has not been amended since March, as you well know. This and many other breaches of the Code and breaches of Schedule 4 itself will be pointed out in any late POPLA appeal you now fund for me, if that's how you want to play it, and you'll be required to show the whole contract with the owner - not just a generic undated/unwitnessed slip of paper signed by an administration clerk of the occupier.

I look forward to your reply and hope it is more helpful than your last generic EYE01 'computer says no' rejection template with no POPLA code.

Yep that's it, do that. I have added a suggestion in red because I like to tell the scammers how it is and put them off trying to blag it with a late POPLA code. Really you want this cancelled without hassle don't you so I would include that extra bit in red so they can see you are no fool and any POPLA appeal would cause them to lose.

I would not write immediately for the POPLA code because PE will then just provide it and they will pretend all is OK, and they'll have provided it within 35 days of your appeal. And you'll have less to complain about in your lengthy and strong POPLA appeal. You want PE to fail to meet POFA so set the trap.

seadreaming

Hi
So following on from my initial query re 'not the driver' and gemming up on things via the forum, I wrote to Parking Eye appealing, received no code, waited until the 35 day mark and then wrote to them last week using the letter guidance given along the lines of 'time has now lapsed so invoice should now be cancelled'. Today I received a letter - I'm guessing standard stuff they send out but wondering what I should now do?
The letter basically says 'your recent appeal has been unsuccessful. This is because I did not provide sufficient evidence to show to show that I didn't break the terms and conditions of the signage. We also note that a number of your queries are of a generic nature, a number of which we have seen before'
They then provide a page & half of FAQ's & then info on how to appeal and a page with 'POPLA parking on private lands appeal' at the top but I can't see a code anywhere.

Do I now have to go through the appeals process with POPLA depsite the time lapse & no code given (the original reference number is on it)

Many thanks
Ana

Stroma

Well use the popla code, and cost them £27+vat - it should be on the FAQ page

One of the appeal points will be that Parking Eye has breached Version 2 of BPA Code of Practice which was in force prior to 20/06/13. It states that they must Accept or reject an appeal within 35 days. It doesn't give them leeway that they only accept what they think are appeal points. They are basically speaking out of their posterior.

Please look around and read about popla, somebody will help you with this, please don't post an appeal to popla without running it past us first