Highview Parking aren't giving me a POPLA code

MothballsWallet

If you want to write to your MP/MEP/local councillor without spending a stamp, may I recommend the Write To Them website? Here's a linky.

No, I'm not affiliated with them nor do I receive any commission in any way for mentioning them (more's the pity)

Coupon-mad

FionaCat wrote: »

Hi guys - I challenged twice, following the advice given to me in this thread...

What have I done wrong????

Nowt wrong with that, clearly not recognising they can form a contract with a motorist is a perfectly valid challenge point so I take back my suggestion to try again. They are playing games so play stronger than them and report them.

Guys_Dad

If I may come in here.

With the recent examples of PPCs refusing to give POPLA codes because they don't like the "vague" or soft appeals we have recommended, I think we should change our tactics.

Now I know that the soft appeal is a perfectly valid route, but if the PPC won't play ball and a POPLA appeal code is still wanted, the the soft appeal needs to be stiffened up somewhat to something that they have no reason to refuse to give you a POPLA code for.

The first way is to say "I wish to appeal on the basis that you do not have the authority of the landowner to levy these charges. I require you to supply me with a copy of the relevant sections of the contract that you are working under in order for me to check (a) the contract is, in fact, with the landowner whose details have been supplied to me by the council and (b) in order for me to check the limit of your authority to levy charges as some landowner contracts do not, in fact, grant that authority. If you are unwilling to provide me with this, then I require, in accordance with the BPA and POFA regulations, a POPLA code in order for me to take my appeal to POPLA.

In addition, after checking thoroughly with your signage and the BPA guidelines, I believe that they are deficient and this is a further reason why I require a POPLA code. I refer you to the POPLA web site for the required timescales for a response.

If, on the other hand, after consideration, you decide to cancel the charge, please feel free so to do".


(Instead of "I" and "me", the 3rd person may be preferable).

The simpler alternative is to write simply saying "POPLA have 4 grounds under which an appeal may be made. The keeper is appealing under the first gound as the driver denies the alleged contravention detailed in the notice to keeper.

POPLA defines this first appeal ground as being "The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that the driver believes they were still within the time paid for; that the voucher was clearly displayed or that the conditions were not properly signed.

I require you, therefore, to either cancel the charge or issue me with a POPLA code, within POPLA's published timescales."

The sole reason I am suggesting this is to cut down the excuses that PPCs like Highview have for not issuing a POPLA codeand for subsequent reference should the PPCs decide to issue court proceedings. From the above, you have given sensible reasons why you would require a POPLA arbitration and if they deny you the ability to do that, then the court is likely to take a very dim view.

Coupon-mad

Yep that's a good plan for a first challenge, Guys Dad.

Stroma

I agree wit that, will have adapt it slightly for each individual person

FionaCat

I agree - its pretty good. And yeah, there are no signs on the way into the car park, and only little ones at the top of posts (I took photos). Dunno how to post them here tho.

My case is pretty good I think. I already did the "I wish to appeal on the basis that you do not have the authority of the landowner to levy these charges" bit twice, and that's totally on the Popla website.

Do you guys really think another letter is needed ?

Guys_Dad

Ask yourself the question - will it hurt? If not, then bash out a final letter based on my suggestion, bringing in your point about no Entry signs and you have pictures, as well as the other signs being deficient and giving them 1 final chance to give you the POPLA code.

Also, check that somewhere in their letter they haven't sneaked in a 10-digit "reference" somewhere as that is a POPLA code and some PPCs are cheating.

If you look up Parking Prankster's blog, one of his posts lays out the format of a POPLA code, so do check.

FionaCat

Ok. I'll do that and report back.

Letter clearly said 'we ain't giving you a code - Na Na Na Naaaaa'.

FionaCat

Oh. Going to put my dancing shoes on and go out for the night.
Won't be driving so no chance of a ticket. LOL !!!!!!

bazster

My opinion is that a totally wet appeal to the PPC making no legal points, drivelling on about the circumstances and pleading mitigation is more likely to get a PoPLA code first time i.e. the sort of appeal someone might write if they'd never received any advice. As soon as you give these scum a hint that you know what you are talking about they go into "PoPLA denial" mode 'cos they know they are going to lose, whereas they will not care about an apparently-dumb appellant because they will be confident of a win at PoPLA. Not much use to FionaCat because she has already put her cards on the table as someone who will not be pushed around, but I think it's the way to go in other cases.

For anyone who likes letter writing, a final letter after the 35-day deadline for accepting or refusing a challenge seems to be indicated:

Dear Scumsuckers

It is now more than 35 days since I challenged your risibly optimistic penalty charge. You have failed (indeed refused) to issue me with a PoPLA code as you are obliged to do under the terms of the BPA Code of Practice, and nor have you explained any exceptional circumstance as to why you require more time. Nor have you asked me for further evidence: you have merely indulged in a pathetic pretence that I have not challenged.

Accordingly you are now out-of-time to respond to my challenge, and my challenge is deemed accepted.

Should you ever be stupid enough to take me to court over this, I look forward to you explaining to the judge why you blatantly flouted the BPA Code of Practice. That would be most entertaining! In the meantime, I have reported your behaviour to DVLA, the BPA and Trading Standards.

You are now on notice that, as a result of your failure to issue a PoPLA code, your claim against me is finished, dead, pushing up the daisies, it is an ex-claim. So, any further demands from you, or by any toothless debt collectors instructed by you, will be regarded as harassment and I will be making a claim against YOU under the Protection from Harassment Act 1997.

Up Yours,

etc. etc.