PCN - Acknowledged but no Popla code supplied.

mummybear57

Im looking for some advice please. We received a PCN issued on 21 june 13 due to a significant overstay in Morrisons car park. We posted an acknowledgement letter (which I believe was sent around 28 june 13 however my proof of postage has since been lost). We used Stroma's template denying liability, requesting a popla code within 35 days, stating no further correspondence will be issued by RK if no popla code supplied and suggesting they pay £27 to find out why liability denied.

I received a response dated 3 july 13 acknowledging my letter which states our appeal
has been unsuccessful. There is no popla code quoted on the letter. This requests that we supply them with further evidence that RK did not break the terms and conditions and parking charge will be placed on hold for 14 days. We are aware we have now passed their 14 day deadline however having a 13 day old baby we have had other things on our minds!

Would you suggest our next course of action is naming the driver (not the RK) in order to reset the popla clock? Or not naming driver but issuing a response quoting RD and where they have failed to adhere to this and requesting a popla code again? Or issuing a response giving the detailed reasons we feel we have to appeal re landowner contracts etc. We also read from lazydaisy's useful thread that mentioning discrimination issues can be helpful. Would this be encouraged at this stage as driver at the time of "offence" was 8 months pregnant and is currently a breast feeding mum.

Any help will be gratefully received as my sleep deprived brain is struggling to cope with this all!!

MB

The_Slithy_Tove

Why reset the clock? It's ticking down for them, not for you.

Umkomaas

Your current run of paperwork is still within timeframe so no need to declare anything about the driver. They've rejected your appeal and they are REQUIRED to issue you with a POPLA code within 35 days of your appeal.

You could ride out the 35 days, then go back to them with a 'you're out of time PPC, so K M A'. However that doesn't necessarily stop them continuing to pester you with Debt Collectors' letters etc.

What will kill it dead is a POPLA win, and we are so confident that it can be quite easily achieved that you should go back to the PPC and demand a POPLA code (as they've already rejected your appeal). Give them the deadline date (35 days + 2 from date of your appeal) and state that if they do not provide the code you will take it the PCN is cancelled.

LazyDaisy's great thread advice is not for the moment; leave it for later should they attempt any form of court action. But, for the moment, send them the 'give me my POPLA code' letter and come back to us when anything happens (response or 35 day deadline expires).

HTH

mummybear57

Having read the thread about the scammers getting around the system by not issuing the code but then providing the supposed letter with the code on it which was not received by the RK I was presuming this would give me a second shot at getting the code but I realise now this would only give them a second shot at not supplying the code!! My mistake.

If they don't supply the code does this just mean I go down the ignore route as they haven't complied with RD? Thanks

mummybear57

Give them the deadline date (35 days + 2 from date of your appeal) and state that if they do not provide the code you will take it the PCN is cancelled

(Oh how I would love to say K M A!!)

As I am not 100 % sure of the date I posted the letter but am 99% sure of the date it was printed would you agree it would be best to use this date +35+2? Thanks

Umkomaas

mummybear57 wrote: »

Give them the deadline date (35 days + 2 from date of your appeal) and state that if they do not provide the code you will take it the PCN is cancelled

(Oh how I would love to say K M A!!)

As I am not 100 % sure of the date I posted the letter but am 99% sure of the date it was printed would you agree it would be best to use this date +35+2? Thanks

In the absence of anything else then I guess it will be ok. The real purpose is to hook a POPLA code, which, as I said can be the start of killing this off for good. Anything else can leave you with a degree of ongoing uncertainty. And for any newbies reading this, ignore really is the very last option these days.

mummybear57

Ok. I'll fire a letter off today and see what happens.

Many thanks
MB

Guys_Dad

mummybear57 wrote: »

Ok. I'll fire a letter off today and see what happens.

Many thanks
MB

Include something like "I do not believe that you have a contract with the landowner that allows you to levy the level of piunitive charges that you are attempting to levy on me. Either send me c=a copy of the contract in question or issue me with a POPLA code within the POPLA timescale detailed on their web site, using the date of my previous appeal as the date the clock started ticking"

mummybear57

I have now received a reply to my second letter asking for a popla code. This simply says I have again not supplied the evidence they have requested to the landowner and as such they will no longer correspond with me and no popla code supplied either!

Please can you advise where we go from here? Having a mild panic after reading another post, should I have mentioned that we live in Scotland? Are the ways of dealing with issue the same?

Many thanks in advance
MB

waamo

POPLA isn't available to residents of Scotland.

Ignore them from now on. They will send increasingly threatening letters but ultimately they are powerless on your side of the border.

Guys_Dad

mummybear57 wrote: »

Having a mild panic after reading another post, should I have mentioned that we live in Scotland? Are the ways of dealing with issue the same?

Many thanks in advance
MB

That is almost certainly why they won't give you a POPLA code.