Can I appeal > 28 days from ticket issue?

Coupon-mad

habeale wrote: »

Just one more thing. NPE have told me that I can't appeal to POPLA as I'm out of time. Does POPLAs 28 day appeal period start from date of offence or the date of the Notice to Keeper was sent? It's not clear on their website.

The driver has 28 days to appeal, in cases where a fake PCN has been served on a driver by a fake parking ticket on a windscreen.

Then when the registered keeper gets a Notice to Keeper (which may well be the first an owner/registered keeper knows about it) then the registered keeper has a further (separate) 28 days to appeal. You did, they rejected, they had to send you a POPLA Code.

Send the letters I already linked, written by Broadsword on pepipoo. Don't send anything different, don't get tied up in detail as we've already explained they were out of time with their NTK and that you have a right to a POPLA code. The delay in doing this and the shorter (much less forceful) email you sent has just wasted time in reporting them, IMHO.

Simply needs that 'Broadsword special' letter/email to them and an email to the DVLA (details on pepipoo thread linked).

habeale

Guess what? They've cancelled my ticket!!! They've blamed it on the DVLA who they say took 3 months to respond to their keeper details request. What rubbish.

I'm a bit gutted actually - I was quite looking forward to a bit more of a fight. Thanks everyone for all your quotes and wording - it all made me sound like I knew what I was talking about. I would still be banging my head against the wall if it wasn't for you all.

I'm still tempted to make a complaint to the BPA as I have loads of email evidence which proves they haven't a clue what they're doing and have no understanding of parking law.

Thanks again, Hayley

Umkomaas

habeale wrote: »

Guess what? They've cancelled my ticket!!! They've blamed it on the DVLA who they say took 3 months to respond to their keeper details request. What rubbish.

I'm a bit gutted actually - I was quite looking forward to a bit more of a fight. Thanks everyone for all your quotes and wording - it all made me sound like I knew what I was talking about. I would still be banging my head against the wall if it wasn't for you all.

I'm still tempted to make a complaint to the BPA as I have loads of email evidence which proves they haven't a clue what they're doing and have no understanding of parking law.

Thanks again, Hayley

Firstly - good result. Well done, life's too short for dealing with this cr*p.

Definitely report to DVLA/BPA - see Parking Prankster here:

http://parking-prankster.blogspot.co.uk/search?updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=8

Even if they ony get a couple of sanction points, it does set them on their guard for the future.

If you're really looking for a bit more of a fight, go get yourself another one gal. Just turn up at any random supermarket and park up for a few hours. We're always here to help with a more substantial fight on the part of the PPC.

bazster

habeale wrote: »

They've blamed it on the DVLA who they say took 3 months to respond to their keeper details request. What rubbish.

It probably is rubbish, but there has been some moaning in the "industry" recently about the DVLA taking too long to supply requested keeper details. The DVLA has taken a hard line, stating that it will take as long as it takes and if it means the PPC can't comply with the POFA timescales then tough, that's their problem.

Bottom line, though, is that it doesn't matter why they failed to comply, they simply failed to comply. None of the POFA, the BPA Code of Practice nor the Consumer Protection from Unfair Trading Regulations 2008 makes provision for mitigation or special pleading. They knew (or should have known) that they were out-of-time and hence refrained form invoking keeper liability under POFA. They should now be reported to BPA and DVLA for the CoP breach, and to TS for a possible criminal offence under CPUTR 2008.

Guys_Dad

Good to remember that there is no mitigation for PPCs through POPLA et all as well.