PCN from my Dr's/Parking Eye

Umkomaas

dasachmo wrote: »

is that from the date of the alleged offence, the date the penalty came through (which was about a week later) or from the appeal date?

Date of your appeal. But just a quiet warning - PE don't think the 35 days applies to them and have agitated to get the BPA CoP changed. They have partially succeeded from version 3 of the CoP, but that only applies to events from 20 June 2013.

Nearer the 35 day cut-off come back and we'll advise on action to take. If you get your (inevitable) rejection before then, get straight back.

HTH

Guys_Dad

Stroma wrote: »

If they don't reply within 35 days they have timed themselves out of this, and cannot use pofa 2012 to do anything.

We have had this point before, and I disagree with you on it. Yes, if you specifically ask for a POPLA code, but the POPLA web site says that if you don't get one, the onus is on you to chase it up.

I would not want to rely on that get out clause until I have sight of a POPLA appeal case that upholds that view.

And I am not talking about the recent v3 of the BPA COP.

On another point, Parking Eye's web site has no email address to contact them for an appeal. Their "contact us" has an address to write to. Beware that they don't claim not to have had an appeal through their recommended route. (I haven't seen one of their NTKs, which may have an email address to write to, so I could be launching a red herring. If so, apologies)

dasachmo

Oh dear. All I've done is post an appeal via their online submission form. do you suggest I appeal also through post?

Stroma

Guys_Dad wrote: »

We have had this point before, and I disagree with you on it. Yes, if you specifically ask for a POPLA code, but the POPLA web site says that if you don't get one, the onus is on you to chase it up.

I would not want to rely on that get out clause until I have sight of a POPLA appeal case that upholds that view.

And I am not talking about the recent v3 of the BPA COP.

On another point, Parking Eye's web site has no email address to contact them for an appeal. Their "contact us" has an address to write to. Beware that they don't claim not to have had an appeal through their recommended route. (I haven't seen one of their NTKs, which may have an email address to write to, so I could be launching a red herring. If so, apologies)

Yes we've had this before, but its on version 2 of the code of practice as plain as day, also this was backed by popla review a few weeks ago which stated that people shouldn't be expected to ask for a popla code multiple times. That is in black and white, something that could be used if they stupid enough to make a claim

hoohoo

Just a note. I help with court cases on pepipoo and parking eye have been saying on some of these words to the effect of 'Oh, you were a genuine customer. What a pity you did not appeal to us with proof of this because then we would have of course cancelled the charge. But now it's gone to court it's too late...'

If they don't cancel your ticket OP, then I would be very interested in using this particular case as evidence to refute their statement.

[Hi Rachel]

Stroma

The problem with that is though is if the principle demands they drop it after a claim is initiated, as Aldi is claiming they are doing. Though I haven't seen a case of it as yet

Coupon-mad

dasachmo wrote: »

Oh dear. All I've done is post an appeal via their online submission form. do you suggest I appeal also through post?

No just relax and wait. There will be no debt collector letters and this is not a fine.

You will win it at POPLA stage if you take our advice on the wording and don't just send off your own appeal then. So instead of worrying about when PE will reject your appeal (because they will reject it, of course) spend the time read up on other threads discussing how to win at POPLA stage so you are ready for that. Almost every other thread on here at the moment has links to POPLA challenge wording.

dasachmo

Okay. thanks. I've worded the appeal exactly as previously listed and Will await their decision.

Guys_Dad

Stroma wrote: »

Yes we've had this before, but its on version 2 of the code of practice as plain as day, also this was backed by popla review a few weeks ago which stated that people shouldn't be expected to ask for a popla code multiple times. That is in black and white, something that could be used if they stupid enough to make a claim

You are referring to the BPA COP and I don't disagree with you that this has changed with v3. I am not referring to the BPA COP at all, though, whatever they may say in this case..

However, as POPLA are the adjudicators, their web site is the one that counts in the end and it reads

A verification code will be sent by the operator with the rejection of your representations. You will need the verification code to appeal online. If you were not sent this, the operator should be contacted to obtain one. You must appeal to POPLA within the 28 days.

That seems pretty clear that this puts the onus on the motorist to contact the PPC if they "forgot" to send it. Certainly, if they refuse or "forget" again, then that's a different matter.

But, with that text on their site, I wouldn't rely on the 35-days time out, if you haven't asked them clearly and unequivocally in writing and, with this PPC, by post, with a proof of posting cert.

Stroma

You haven't read the popla yearly report then, have you ?