Parking eye

Umkomaas

Debbie_Rickman wrote: »

Hi,
I sent off the above letter and have now received a reply. It basically says we have put your charge on hold for 14 days in order for you to send further evidence that you paid a fee on the day.
I didn't say anything in my letter about paying a fee or having any evidence to say it had been paid I merely asked for the charge to be cancelled.
They have not sent a POLPA code. Do I just wait until further notice as they have a time limit to send the code and acknowledged that have received my letter?
also a day or so after this I have received a reminder asking for payment, though they still do not know who the driver was at the time

Well, you've made your [STRIKE]appeal[/STRIKE] challenge and they have 35 days in which to accept it (and cancel the charge) or reject it and provide you with a POPLA verification code.

You could just wait for the 35 days to run out, write to them stating this and tell them their failure to make a decision means the charge is cancelled. PE, however, don't think that the 35 days rule applies to them and they can take their own time dealing with this - they have tried to get the BPA Code of Practice changed to reflect this, but it's not happened.

Your alternative is to 'take the fight to them', telling them that you have already written to them and they should either accept your challenge and drop the charge or provide a POPLA code.

With a POPLA code, and with help from here (important), you can beat them at POPLA and get this over and done with.

POPLA no cost to you; PPC has to pay £27. POPLA decision is binding on PPC, but not on you.

Keep us posted

Stroma

I would go on the lines once the 35 days are up


Name
Address

Date
Fake Ticket No.

Dear Parking Eye


Thank you for accepting the challenge to you of the above parking invoice, as per Version 2 of the British Parking Association Code of Practice, which is quoted below the matter is now closed.


37.3 If you receive a challenge or appeal about the issue of
a parking ticket, you must stop work on processing the ticket immediately.You must not increase the charge until you have replied to the challenge.You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge or appeal, you must accept or reject the challenge or appeal in writing within 35 days of receiving it.We may require you to show that you are keeping to these targets.


You must now abide by the code of practice currently in force , not the fictional one you use on rejection notices from your EYE01 letter.

If the keeper receives any correspondence other than confirmation of this matter being closed, it will be deemed harassment. Further if any small claim is received it will be fully defended.


Goodbye


The Keeper

Debbie_Rickman

Well 35 days have passed since I wrote asking for a POLPA number and not heard anything. Just sent off the letter above from STROMA.
Hopefully that's it but some how I doubt it.
Thanks for the help and advice so far everybody.
Will be back in touch if anything further happens to drop onto my doormat

Stroma

Come back if you have problems

Debbie_Rickman

Hey Hey Hey !!

Guess whose Back ?

Yes thanks to our good friends at Parking Eye I have just got a letter dated 17th July, a full week after I wrote to them telling them the 35 days are up, saying my appeal has been unsuccessful.
Strange because I didn't appeal merely wrote to say I was the registered keeper and not who the driver was and asked for a Polpa number.
Anyway as a "gesture of goodwill" they have extended my discounted period by a further 14 days. Nice of them that.
Now as I understand it I wrote to them on 5th June asking for a POLPA number then again on 10th July saying the 35 days are up please don't contact me again and now I get a letter dated 17th July saying they have extended my discounted period.
They still do not know who the driver was at the time and I still have no POLPA number.
Nice letter though explains the law and that their charges are charges not penalties and quotes lots of case law.
Anyway to the point.
What's my position now ?
What is the plan of attack?
All advice as ever will be gratefully accepted.

bazster

I'd ignore the pants off them if I were you. And I would report them to DVLA and BPA for breaching the BPA Code of Practice, and I'd complain to my MP too.

The_Slithy_Tove

For a start, you complain to the BPA and DVLA for PE's blatent disregard of the BPA Code of Practice. Demand that the BPA investigate this matter urgently, and tell you of the outcome.

bazster

Oh, and the letter that states their charges are charges not penalties, you should report that to HMRC, because they should be paying VAT on charges and one has a sneaking suspicion that they might not be:

https://online.hmrc.gov.uk/shortforms/form/TEH_IRF?dept-name=TEH&sub-dept-name=&location=39&origin=http://www.hmrc.gov.uk

Stroma

Maybe this? Or if someone wants to add something

Hello Parking Eye

Thank you for the letter dated 17/07/13, I think you are having problems comprehending my previous letter to you, the matter is now closed because you are in breach of the Protections of Freedom Act 2012 and version 2 of the BPA Code of Practice.

As you are continuing this harassment unlawfully the next stage is for the keeper to issue a small claim against you because of your breach of the Protection from Harassment Act 1997.

If you make a spurious claim it will be countered with the above action and will be defended fully.

Guys_Dad

Stroma wrote: »

Maybe this? Or if someone wants to add something

Hello Parking Eye

Thank you for the letter dated 17/07/13, I think you are having problems comprehending my previous letter to you, the matter is now closed because you are in breach of the Protections of Freedom Act 2012, POPLA's stated requirements and version 2 of the BPA Code of Practice as you did not provide me with the POPLA code to enable me to appeal within the stipulated 35 days.

As you are continuing this harassment unlawfully the next stage is for the keeper to issue a small claim against you because of your breach of the Protection from Harassment Act 1997.

If you make a spurious claim it will be countered with the above action and will be defended fully.

I would add something along the lines of what I put in red just to ram home exactly what they had failed to do. However, where in POFA is there a reference to 35 days? (Tried to find it but couldn't)