Ticket from Excel - advice please

Stroma

phy7tes wrote: »

Thanks for the response. Can you clarify a couple of things for me please just so I fully understand.

• Are you saying they are not compliant with POFA2012 or with the BPA / POPLA Code of practice?
• I've searched on the BPA Code of practice and can't explicitly find the section which says that they have 35 days from initial appeal to provide the POPLA code. Can you point this out please?

I didn't understand the below paragraph, what do you mean by "send a letter before claim"?


Thanks again.

A letter to say if you keep harassing me I'll sue you, they have no legal reason to contact you because of what Guy Dad has posted above. The reason why I ask you prepared to send that letter is that you must be prepared to take it all the way if you send it. If you are not prepared to do that then I can't see any point of sending it beyond a threat.

Stroma

Also as this falls under version 2 of the bpa code of practice, they must accept or reject within 35 days, any parking issue prior to 20/06/13 falls under that version

phy7tes

Guys_Dad wrote: »

Try quoting them this from the BPA CoP

Operator procedures
22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

Ok, so they sent an automated acknowledgement after a couple of days from my initial appeal. The latest letter (asking for driver details only) was sent approx 30 days after my initial appeal.

They certainly haven't accepted the appeal, however I'm not sure that they have rejected it either as they are asking for the driver details (that I accept, they aren't entitled to).

Stroma

phy7tes wrote: »

Ok, so they sent an automated acknowledgement after a couple of days from my initial appeal. The latest letter (asking for driver details only) was sent approx 30 days after my initial appeal.

They certainly haven't accepted the appeal, however I'm not sure that they have rejected it either as they are asking for the driver details (that I accept, they aren't entitled to).

They are not compliant, they have a total of 35 days to sort this, they haven't as its now past 35 days. It's their problem they are not keeping to timescales not yours, you've kept your side of things to time they haven't .

They are not entitled to keeper liability, if they continue as if they are please make complaints to the bpa and dvla, and consider suing them. Also where you parked, where was it ?

Thanks

phy7tes

Stroma wrote: »

A letter to say if you keep harassing me I'll sue you, they have no legal reason to contact you because of what Guy Dad has posted above. The reason why I ask you prepared to send that letter is that you must be prepared to take it all the way if you send it. If you are not prepared to do that then I can't see any point of sending it beyond a threat.

I don't mind getting harrassed and ignoring so I'll take that option!

Guys_Dad

The worry is that if you allow the impasse to continue, you won't get a POPLA code and then you have to present your arguments in court if they take it that far.

If it were me, I would use all of these points to discredit them at the BPA and POPLA, but still try for that POPLA code, even though they are clearly in the wrong.

But that's just how I would handle it. Stroma's advice may be correct too, but I haven't seen any results from cases on here where that has been followed through to a conclusion, so for me it's uncharted territory.

phy7tes

Stroma wrote: »

Also as this falls under version 2 of the bpa code of practice, they must accept or reject within 35 days, any parking issue prior to 20/06/13 falls under that version

Interesting, version 2 22.8 is briefer then the current one. It simply says that they must accept or reject the appeal within 35 days.

Are you interpreting their latest response to me as neither acceptance or rejection?

phy7tes

Guys_Dad wrote: »

The worry is that if you allow the impasse to continue, you won't get a POPLA code and then you have to present your arguments in court if they take it that far.

If it were me, I would use all of these points to discredit them at the BPA and POPLA, but still try for that POPLA code, even though they are clearly in the wrong.

But that's just how I would handle it. Stroma's advice may be correct too, but I haven't seen any results from cases on here where that has been followed through to a conclusion, so for me it's uncharted territory.

Thanks for this. Are you saying that they are in the wrong specifically because they haven't given me a POPLA code within 35 days of my initial appeal?

According to 22.8 in V2 of the BPA code of practice they must accept or reject the challenge within 35 days of the initial appeal. This point doesn't make any reference to POPLA. Therefore if we agree that their latest letter is a rejection (I'm not sure either way) then they have complied with this rule.

Apologies for all the questions, clarifications. I'm still unclear as to the best way to proceed, it seems quite subjective so I'd like to get the facts cleared up.

What's your specific advice at this point? Respond to them with which point and with what objective?

Thanks again.

cecee1

hi i have recieved one of these charges too and it keeps stating england and wales does this mean there are different rules for scotland? thanks

Guys_Dad

No.

They need to accept the appeal from you as the keeper. They appear not to. Unless I am way off beam, they haven't given you a POPLA code.

You can sit tight and then they could take you to court. But I would rather bring their misinterpretation to their attention to get a POPLA code, if they won't cancel.

I have not quoted the whole BPA CoP. The thrust is that the BPA support POPLA (at least on paper) and their members should comply with the "independent" appeal service that is POPLA.