Parking Help needed pleae

Coupon-mad

That's a nice POPLA appeal.

The only change I would suggest would be to lose point 10 as it doesn't help your case. Replace it with one about the non-compliant signage (PCM NEVER to my knowledge, have compliant and clear entrance signs at a low height for a driver to see and read before coming in - see Appendix B of the BPA Code of Practice!).

Happy reading of the BPA CoP (linked on the BPA website). The signs won't match the requirements in sections 13, 18 or Appendix B, I am willing to bet!

PCM are notorious ex-clampers who had their 'toys' taken away last year.

Remember that ex-clampers = generally, thick-necked knuckle-draggers, creatures of habit (that habit being extortion) who will never beat you at POPLA due to too much brawn and not enough brain!

wagtails

Thanks again for your help, I will make the suggested changes this week and keep waiting. We sent the rejection letter registered post and this has been signed for so they definitely have it. Just to verify is it 14 days from receiving my appeal letter of 14days that notice is given? I'm having a wobble on clarity!

Coupon-mad

The PPC 'should' acknowledge within 14 days and have to respond within 35 days.

wagtails

Breaking news :O) PCM have responded thanking us for our correspondence but no POPLA code :O( just another letter asking for the name of the driver and the payment of £100 or they will start debt recovery procedures.

I assume we write back rejecting their charge notice again and ask them to cancel the notice or provide a POPLA code. Is there any terminology I should use in our second response?

This time we have 14 days to respond to them.

Umkomaas

wagtails wrote: »

Breaking news :O) PCM have responded thanking us for our correspondence but no POPLA code :O( just another letter asking for the name of the driver and the payment of £100 or they will start debt recovery procedures.

I assume we write back rejecting their charge notice again and ask them to cancel the notice or provide a POPLA code. Is there any terminology I should use in our second response?

This time we have 14 days to respond to them.

Report them, via a complaint to the BPA and the DVLA, copying them the letters you've received. There is no provision in PoFA or the BPA CoP for them to demand the name of the driver with the threat of debt recovery if refused. Additionally, as your appeal has been disregarded they MUST provide you with a POPLA code.

wagtails

Sorry I may have accidentally mislead you and a shame as would love to report them to someone.

PCM have asked for the £100 from the keeper or the name of the driver and if we do nothing they will start debt recovery.

Also the post mark is 04 Sep 13days after they received our appeal although we didn't get it until today which is technically 15days so guess I can't get them on this.

So guess its another letter to them restating our appeal and asking for a POPLA code. Going to investigate the signage as per coupon mads advice tomorrow.

Its all been sent from their appeals team.

wagtails

Just noticed that on this new letter pcm seem to refer to themselves as the creditor. 'if the name and address of the driver is not disclosed to the creditor (PCM) by the end of the period of 28 days'

Does this hurt my case as this was one of my points in POPLA appeal letter?

Umkomaas

My advice still stands and especially on their non provision of the POPLA code.

wagtails

Once again many thanks everyone's help on this especially Umkomaas and Coupon-Mad, I am extremely grateful and sorry if I keep rechecking everything I just don't want to be caught out and loosing by a silly procedural error.

I will look into the complaints procedure for these. I assume my complaint is that they haven't confirmed my appeal has been lost and therefore provided the POPLA code I requested. Also they have already threaten debt recovery before doing this?


In the meantime this is a draft of my letter of response. Much the same as my initial letter but hope its ok. Off on the school run now in the rain :O(



Thank you for your letter dated 04 September 2013

As I have previously stated in my appeal letter dated xxxxxxx as the registered keeper of the vehicle I deny any liability for this unenforceable charge. The driver had express permission to park in an a space which has been allocated to and paid for by the company they work for, and as a third party agent you cannot possibly also offer consideration of parking spaces when they have already been offered by the occupier. Nor can you claim or show any loss so it is clear your charge is punitive and unenforceable in law; I am sure POPLA will agree when I send them my detailed submission if you do not cancel this PCN.

As your letter dated 04September 2013 confirms you have received my previous appeal, I will once again reiterate that I challenge your parking charge notice and ask that you cancel the charge or issue me with a POPLA validation code within 35days as per the BPA code of Practice.

wagtails

Hi

We decided not to use the letter above and just respond trusting that PCM refrain from debt recovery proceedings until the POPLA code has been issued and the appeal has been finalised. Their response is as follows:-

Thank you for your correspondence regarding the above Parking Charge Notice (PCN).

In response to your recent correspondence dated 07/09/13, I would be happy to issue you with a POPLA code if you identify yourself as the driver of the vehicle on the date this PCN was issued and submit a written appeal to Parking control management.

The DVLA record shows that on the above date you were the Registered Keeper of the vehicle with the registration *******. Your previous letters have not identified who the driver was, in order to transfer liability we require the full name and address of the driver on the date of the PCN was issued.

In October 2012 the Protection of Freedom Act 2012 was introduced, Schedule 4 of this act states that the Registered Keeper of the vehicle becomes liable for the unpaid parking charges if the name and the address of the driver is not disclosed to the creditor (PCM) by the end of the period of 28 days beginning with the day after that on which the Notice is given.

It then repeats the 2 options I have, which are only clarifying methods of payment. Letter closes by reminding me that they will seek to recover monies by debt recovery or the courts.

My thoughts are as follows:-
PCM have ignored the fact that the PCN has been challenged in my letter of 16th August (signed for as received on 23rd August), our initial response to the issued NtK, where we also withheld the name of the driver.

PCM are holding the POPLA code to ransom until I declare the driver at the time of the PCN. I think they have no right to do this.

PCM have again referred to themselves as the creditor, which is too late given that they failed to do this within the Notice To Keeper.

In not providing a POPLA code within 35 days of my challenge they have made another mistake with the handling of this case. Possibly breaching the BPA Code of Practice?

Am I right in my assumptions? I plan to reply to this latest PCM letter advising them that they are obliged to provide a POPLA code, given that the challenge to the PCN was made on the 16th August.

Your thoughts would be appreciated before I commit printer ink to paper.

Many thanks.

Mr Wagtails.