disabled parking

Coupon-mad

tjt65 wrote: »

Is it not ill advised to post a pic of the ticket? Deffo no POPLA code or form

So did you appeal in time - within 28 days of the Notice to Keeper postal notice? I suspect you missed the boat for POPLA as I see you said earlier: 'My first appeal was trying to explain why we had to do this, as I say when they replied asking for name and address to process the appeal I ignored so should I just do a fresh appeal as if I hadnt done one before? Thanks a lot.

Perhaps best not to show the ticket if you've missed out on POPLA due to ignoring a letter and perhaps being too late with your follow up?

tjt65

I have gone by all the advice on here step by step...so what now?

Stroma

I refer you to post #46 , you wait the 35 days from the original appeal to them

Coupon-mad

tjt65 wrote: »

I have gone by all the advice on here step by step...so what now?

You haven't, not before you posted. You said at the start ''My first appeal was trying to explain why we had to do this, as I say when they replied asking for name and address to process the appeal I ignored'.


So please can you just type out a timeline like this:

1. Fake PCN on windscreen of car - xx/xx/13

2. I appealed trying to explain (by email?? or how?? No name & address WHY ON EARTH WOULD YOU NOT??) - xx/xx/13

3. They replied asking for name and address (I ignored) xx/xx/13

4. etc.

tjt65

Not with all paperwork etc at the mo. As soon as we saw the ticket I appealed straight away the ticket only asked for name reg number so my appeal in heat of the moment was explaining the reason we had to park where we did. Got a reply few days later saying to process appeal they needed a name and address since I first appealed I had obviously researched and at the time the advice seemed to be ignore especially confirming who you are where you live etc so I ignored then got first letter from them with photo attached to letter showing our car and stating that the notice affixed to the vechile remained unpaid no POPLA code although the back of the letter stated if I appealed and it was not successful I would be advised in writing and provided with the POPLA code (NEVER BEEN GIVEN) so then after reading ignorers were being sent to court pursued etc I appealed but got a reply stating the appeals was not processed as the proceedure had been upgraded and now all appeals had to be done via the parking eye online form, the form needed name address everything on that appeal I used the post from this site on page 2 I believe. I got a reply they need valid evidence that I did not break t&cs and charge was on hold for 14 days replied again using advice on here and just got the FAQ letter with no POPLA code although was second time requested. This letter does not seem to be putting pressure on me at all just a list of FAQs then then the normal "payment can be made" etc at bottom no threats no nothing. Thank you

Coupon-mad

If you can't work out why you were not given a POPLA code then email/write again and ask them to explain why not. Remind them of all your attempts to appeal, with dates, and state that they acknowledged them but never sent you a POPLA code. Why not - and if they agree it was an oversight they need to send the code.

Guys_Dad

The wait 35 days and it is out of time may theoretically be correct, but a path that I am increasingly worried about. (I admit that I have previously made this recommendation to time them out).

The reason I am wary is this. The play acts out as follows.

You have asked for the POPLA code.
They stall and fail to supply it.
You then say that they are out of time and, therefore, case closed.
Now, even overlooking BPA COP relaxation of the previously strict 35 day limit, PPC disagrees.

So where does it go from there? Well, no POPLA as you don't have a code, so it's either give up by the PPC or court. Most people don't want the hassle of court, particularly as POPLA results are currently looking good.

So I recommend persevering with trying to get the POPLA code, whilst complaining to the BPA and POPLA about the PPC not giving the code in the first place.

The second point I have rethought is the initial soft appeal. I have often recommended stroma's soft generic appeal. However, PPCs are implying that they can't or won't deal with the appeal due to it not being specific enough. I think they are wrong, but that doesn't get you the POPLA code.

I now think the soft appeal should give as the main reason as being that the PPC does not have a contract with the landowner that gives them the right to levy charges on motorists and you want sight of the said contract or POPLA code.

They then have virtually no wriggle room.

Now, they may find a way round that, and if they do, then we change the soft appeal letter. But don't lose sight of the main point that if they aren't prepared to cancel, you need the POPLA code as that's where you want to be.

tjt65

Bet the 35 days have gone? Surely they cant just avoid giving it you!? So what next guys? Thanks alot.

Guys_Dad

tjt65 wrote: »

Bet the 35 days have gone? Surely they cant just avoid giving it you!? So what next guys? Thanks alot.

See post #57.

Stroma

Saying its a punitive charge so a penalty, or some other specific reason is enough I think. If it went to court that is what your argument would be, it's penalty so should not be enforceable. I think you are putting to much into that. The wording is just to get the popla code and that's it.


And don't forget popla is still going on the strict 35 day rule

Consider any representations received within the time allowed for representations;

Acknowledge or reply to the representations within 14 days of receiving it;
Decide whether to accept or reject the representations;
Within 35 days of receiving the representations, accept or reject it and inform the maker.

If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.