Can I appeal > 28 days from ticket issue?

habeale

We ignored a parking ticket that was slapped on our car because we were clearly parked in the parking bay for a store we visited, and saw the dodgy looking bloke drive off at speed when he saw us returning to our car. 4 months later we have received a formal demand in the post for £150. We have appealed but our appeal has been rejected as it 'was not sent within the 28 day appeal period'. Can we still appeal using POPLA? What are our chances?

Umkomaas

Who was the PPC? CEL by any chance? Was this in England/Wales? Was it a supermarket/retail park/hotel/leisure complex - no need for names or locations.

A timeline of events would be useful as precise dates are critical.

habeale

It was NPE (Norfolk Parking Enforcement Ltd) and it was in an allocated bay (signs on the wall) for a Thai grocers.

1. 22/2/2013 - ticket issued and ignored!
2. 21/6/2013 - formal demand received
3. 22/6/2013 - we appealed in writing
4. 26/6/2013 - appeal rejected

nigelbb

They will doubtless claim that a valid Notice To Keeper was sent between 28 & 56 days after the parking crime so it's too late for POPLA. You could try demanding a copy of the NTK. I do hope that you didn't confirm/deny who was the driver in your appeal.

I just re-read your posts. Can you confirm that you were you actually shopping at the Thai grocers who own the parking space? If so what right have NPE to be ticketing cars in that car park?

Umkomaas

habeale wrote: »

It was NPE (Norfolk Parking Enforcement Ltd) and it was in an allocated bay (signs on the wall) for a Thai grocers.

1. 22/2/2013 - ticket issued and ignored!
2. 21/6/2013 - formal demand received
3. 22/6/2013 - we appealed in writing
4. 26/6/2013 - appeal rejected

2. Out of time. They have 28 days to await a response from the driver (windscreen ticket = Notice to Driver), if no response they then can acquire the Registered Keeper details from DVLA and send a Notice to Keeper - this second stage must be completed within the following 28 days, which they have failed and therefore cannot pursue the RK.

You could write to them and tell them that as they failed to write to the RK within the timescales prescribed in law under the Protection of Freedoms Act 2012, Schedule 4, there is no case for them to pursue.

Here is Schedule 4 of PoFA.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Have a read of that, you can then quote the precise paragraph reference (8.x.x). Also just wait for further comments from the forum to see if anyone wants to add anything to my suggestions.

Coupon-mad

MARTIN LEWIS CALLED SUCH FIRMS 'COWBOYS' AND HE WAS RIGHT.

Here's what to do, similar situation (different PPC but a letter arriving far too late after the 'ticket' - and the thread was only posted this week):

http://forums.pepipoo.com/index.php?showtopic=80531

Broadsword is an expert campaigner against fake PCNs, with real clout with the DVLA so do as he says to kill this stone dead. Tweak the dates and details on his template complaints and send them off just as he directs that poster to do.

Guys_Dad

Umkomaas and c-m are absolutely correct about the timescales, however there is the possibility as c-m says that they may claim that they sent a Notice to Keeper earlier.

So, what is the heading or relevant wording on the formal demand you received?

Did it say "Notice to Keeper" or in any way refer to the ticket you received indicating that this was the first demand they sent to you?

Did the wording follow the wording stipulated by the POFA 2012 (see the relevant appendix here http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf), as if it did, then it is almost 100% certain , whatever they may claim subsequently, that it is the NTK and, therefore, out of time.

Confirm this and we could then have some real fun with your next reply to them !!!

spacey2012

Why bother ? unless your idea of having fun is writing silly letters ?
They know where the court is if they want to chance their hand.
Let them put up or shut up.

Guys_Dad

spacey2012 wrote: »

Why bother ? unless your idea of having fun is writing silly letters ?
They know where the court is if they want to chance their hand.
Let them put up or shut up.

Because maybe others don't want to take that chance and don't fancy going to court, particularly as if the facts are exactly as we assume (that the formal demand was a NTK), this is a cast iron get out of jail free card that could end any suspense for OP immediately.

And it would not be a silly letter either, just a factual one that would give the PPC three unpalatable options that could also be of use to other who found themselves in the same boat.

Coupon-mad

spacey2012 wrote: »

Why bother ? unless your idea of having fun is writing silly letters ?
They know where the court is if they want to chance their hand.
Let them put up or shut up.

It is only through complaints to the right channels that the worst rogue PPCs get banned by the DVLA or other sanctions. It was 'people power' that caused those 5 PPCs plus Roxburghe to get banned in the Autumn and the asme for when Smart parking were temporarily suspended in January.

People who do nothing are enabling the rogues to continue without repercussions.

Umkomaas

Guys_Dad wrote: »

Because maybe others don't want to take that chance and don't fancy going to court, particularly as if the facts are exactly as we assume (that the formal demand was a NTK), this is a cast iron get out of jail free card that could end any suspense for OP immediately.

And it would not be a silly letter either, just a factual one that would give the PPC three unpalatable options that could also be of use to other who found themselves in the same boat.

Along with the uncertainty, there's the hassle of dealing with a string of letters from all sorts of begging agencies (Roxy, White, Zenith et al) - cr*p in life you can do without, whether they are a real threat or not.

The opportunity to kill this stone dead with one letter looks to me the most sensible option. Won't take a minute, copy & paste, second class stamp, proof of posting, stick it in the box - job's done.