POPLA Code refused twice

Nightwork

Hi,
I followed the advice on previous threads re making an initial appeal to Highway re a fake parking notice. I followed the advice and sent an email to Highway as below:-

"In regards to the invoice received with ref number ....... dated ........., the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above."

I received an email back from Highway stating that they would not provide a popla code until I detailed specific reasons etc and a day later also received a charge notice reminder through the post.

I then added a post to another thread re the above and was kindly advised by forum members to send Highway another email stating:-

"An interesting stalling response from you which I will add to my POPLA submission then!

It is not for you to tell me what to put in my challenge, and you are obliged to consider it and within 35 days accept it or reject it and give me my POPLA code.
I will state that your charge is punitive and purely a revenue-raising exercise, as you well know. POPLA code please, or cancel it."

I sent the above email and have had another reply saying again that they will not provide a popla code as they are not obliged to do so unless I detail specific reasons etc .etc. etc.

I would appreciate any advice on the best way forward with this. Many thanks.

halibut2209

Just reply "See you in court then"

bazster

Report them to BPA and DVLA for breaching the BPA Code of Practice, and report them to Trading Standards for a possible offence under the Consumer Protection from Unfair Trading Regulations 2008 (failing to comply with a code of conduct to which they had committed).

Then, either:

1. Ignore Highway (is it Highway, or Highview?)

OR

2. Write to them one last time:

I have challenged your spurious charge twice now. Your refusal to issue a POPLA code breaches the BPA Code of Practice, and this renders you liable to prosecution under the Consumer Protection from Unfair Trading Practices 2008 (the specific offence being that you have failed to comply with a code of conduct to which you have committed). Accordingly I have reported the matter to DVLA, BPA and Trading Standards. If you wish to be able to offer any mitigation for your unacceptable conduct I suggest you issue a POPLA code NOW.

Nightwork

Sorry, Yes is Highview not Highway!

Umkomaas

Nightwork wrote: »

Sorry, Yes is Highview not Highway!

You're obviously getting them mixed up with Robbers.

Nightwork

Umkomaas wrote: »

You're obviously getting them mixed up with Robbers.

Ha, ha, yes, I think you're right!

kirkbyinfurnesslad_2

Email them back

And advise them you have now reported them to the DVLA, you are not required to give detailed reasons for your appeal

Oh while you are emailing them ask them for their opinions on radioactive spiders (they will know what you are talking about0

bazster

The edifice of cards is tottering. They are all beginning to realise that they are on a hiding-to-nothing at POPLA, and these are the first signs of them refusing to use it. Of course, when POPLA collapses because the PPC's refuse to use it, so does keeper liability because it was introduced by the government solely on condition that an independent appeals service was set up.

Most likely this s***storm which is swirling around the "industry" will destroy the BPA also, and then where will the DVLA be? With no-one to hand out keeper details to, that's where, and for political reasons it will be years before any other process can credibly be put in place.

Seems to me that it's not a question of if this will happen, merely when.

Nightwork

kirkbyinfurnesslad wrote: »

Email them back

And advise them you have now reported them to the DVLA, you are not required to give detailed reasons for your appeal

Oh while you are emailing them ask them for their opinions on radioactive spiders (they will know what you are talking about0

Thank you, I will be reporting them to the DVLA.

Ha,ha re the radioactive spiders, I have been reading the posts relating to this.:)

Hovite_2

kirkbyinfurnesslad wrote: »

Email them back

And advise them you have now reported them to the DVLA, you are not required to give detailed reasons for your appeal

Oh while you are emailing them ask them for their opinions on radioactive spiders (they will know what you are talking about0

**snigger**

Guys_Dad

They are in the wrong and lying, no question. One more time and you will hear a cockerel crowing!

But you want the POPLA option and, if the only way to get that is to give them a reason, then use the following.

Dear PPC,

I refer to your two previous refusals to supply a POPLA code. This has been reported to the BPA and the DVLA and, in due course, it will be reported to POPLA.

My reasons for appealing are that I do not recognise your authority to charge me anything as I do not believe that you have a contract that permits this. I further dispute that you have followed BPA guidelines on this matter.

Having given you clear reasons for my appeal, I now require you to provide me with the POPLA code by return.

I also have to inform you that the timescale for providing me with the POPLA code started with my original appeal.

The clock is ticking.

Yours faithfully,

Name (typed)

As some PPCs are now using the "No Valid Appeal" ploy, I would not use the MK1 version of stroma's appeal in future. The version that I have suggested addresses the "No Valid Appeal" point.

Name
Address

Date


Dear PPC,

Your invoice xxxxx dated xxxxx.

The driver does not recognise your authority in this car park or your contract with the landowner gives you the right to impose any terms, conditions or contracts on parking motorists, and wishes to appeal on that basis.

If you reject this appeal, I require within 35 days a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.

Yours faithfully



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