Excel

MrsLettuce

Hi
Following advice here I issued a 'strong challenge' letter to excel parking following a PCN received in May, they replied saying I had not given details of the driver and had 3 options, pay up, name the driver or notify the driver to appeal to them directly.
I responded by saying that they had not answered any of my queries or provided the info I requested/popla code etc and I would not be entering into any further correspondence until they provided such info.
I now have anther letter saying that I as registered keeper must appeal and they will not respond or consider the points raised in my original letter until receipt of the appeal.
Do I now need to appeal to excel?
Many thanks

bazster

Erm, you already did appeal to them, right?

It's up to you what you do next, but if it were me I'd shrug and go "well F.U. then" and prepare to wipe the floor with them if they were stupid enough to try taking me to court. I'd also complain to DVLA, BPA, Trading Standards and my MP.

Alternatively you could just send them a one-line letter: Dear Scumbags, I attach my appeal". And attach copies of the exact same letters you sent before. And then complain to DVLA, BPA, Trading Standards and your MP.

MrsLettuce

Well, the letter I sent (one of the templates suggested by users here) says it is not an appeal but a challenge to the issue of NTK as set out in the BPA AOS code of practice. I asked for an acknowledgement within 14 days(received), a comprehensive reply within 35 days and requested a popla code if the challenge was rejected or they failed to address the issues raised.
They are refusing to address the issues raised nor have they sent a popla code.
Should I now say treat that letter as an appeal then if that is the only way to get a popla?
Thanks

bazster

MrsLettuce wrote: »

Well, the letter I sent (one of the templates suggested by users here) says it is not an appeal but a challenge to the issue of NTK as set out in the BPA AOS code of practice. I asked for an acknowledgement within 14 days(received), a comprehensive reply within 35 days and requested a popla code if the challenge was rejected or they failed to address the issues raised.
They are refusing to address the issues raised nor have they sent a popla code.
Should I now say treat that letter as an appeal then if that is the only way to get a popla?
Thanks

Challenge, appeal, whatever, either way they are obliged to consider it, and send you a POPLA code if it's refused. How much kow-towing to them do you want to do? They have already strung you along far too much, why should you waste your time playing their stupid games since it is they who are not playing by the rules?

If you stick to your guns and ignore them then, once the 35 days are up, you could write to them again and tell them that since they failed to send you a POPLA code your challenge is deemed accepted.

BPA Code of Practice 22.1 (note the terminology):

Under the Code you must have procedures for dealing
fairly, efficiently and promptly with complaints, challenges
or appeals. The procedures must give drivers and keepers
the chance to challenge a parking charge notice.

22.8:

If at first you only acknowledge
the challenge, or your reply does not fully resolve it,
normally we would expect you to seek the additional
information you require from the motorist and accept
or reject the challenge in writing not more than 35
days after the information required to resolve it has
been received from the motorist. It is acknowledged
that in exceptional circumstances, an investigation into
a challenge may take longer than 35 days after such
information has been received and in these instances the
motorist must be advised accordingly and given a date by
which they can expect a resolution.

Have you been asked for further information? No, of course not, they are simply pretending that you haven't appealed yet. Have you been given such a date? No of course not, so the 35-day deadline stands.

Or, you can keep writing to them trying different forms of words in the hope that they might eventually be kind enough to supply you the POPLA code that you should have been given already.

Your choice. But whatever you do, complain to BPA, DVLA, Trading Standards and your MP.

MrsLettuce

That's fantastic, thanks, I was hoping that would be the advice, but wanted to check I wasn't missing something. I will wait the 35 days as suggested and if no popla I will write as advised.
Will definitely complain to DVLA etc.

bazster

Good stuff! Love your user name by the way, but mind out for slugs!

MrsLettuce

Thanks, my husband always calls me Mrs Lettuce (can't think why) I call him Mr Slug- amongst other things!

bazster

Best not go there I think!