POPLA 'Deleted' My POPLA Appeal !!

jdybnsn

Is this a first ? I have just had an appeal case 'deleted' by POPLA ! Note it was not dismissed in my favour.
I was acting on behalf of some disabled elderly friends (I was a passenger in the car). It was in relation to charge by District Enforcement Ltd. It could be evidence that these particular guys don't even read the appeals letters they get, as I was upfront from the start, by stating I was replying on behalf of someone else (without giving their details). Obviously no one read it in my case, as I got a POPLA appeal number straight away, and then submitted a lengthy appeal, as there were so many breaches of codes and practices !- nobody at POPLA or DE Ltd ever asked my for the driver or keeper details ! I just got an acknowledgement the case would be heard in 2 months.
2 months passed and then I got an email from POPLA asking me to supply written evidence I had the driver's permission to act on their behalf - and still I wasn't asked who the driver was !!! To this day I was never asked by DE Ltd for this information even though they must have realised their error.

Well, I didn't supply the written evidence they asked for (they didn't for a start, supply me with a required method, format or address to send it to them , given all correspondence up to that point was by email) and I argued with POPLA that if DE Ltd couldn't even supply them with the most basic information as to the driver or keeper, then the case should be found in our favour.. and that in any case they, of all people, should know that DE Ltd were already out of time to obtain the RK details and serve a NTK, so the case couldn't now go anywhere.

Well POPLA didn't find in our favour, despite my protests - they just 'deleted' the case - haven't seen this action in their remit, nor the fact they require written authorisation if you are acting for a third party ?:(
Worse than that, it was DE Ltd that first informed me of this judgement, as they told me (in an email) that POPLA had discussed the case with them, and that would be the outcome (how come POPLA never discussed it with me ?). Lo & behold a week later, that's what POPLA informed me. Obvious which side, this so called independent body, POPLA are on then !!

Now surprise, surprise, my friends got a NTK this week from DE Ltd - so how come the DVLA supplied them this ??... don't they check that these firms are legally entitled to ask for this information ....they were way beyond the 56 day limit !!:mad:

Interested to hear if anyone else has suffered the fate of 'case deleted' at POPLA ??

zzzLazyDaisy

Have a look at post 2 on this thread by Broadsword. It gives a very robust letter in response to a NtK that has been sent out of time

http://forums.pepipoo.com/index.php?showtopic=80531&pid=838449&mode=threaded&start=#entry838449


As for POPLA deleting your appeal - POPLAs own website says that it is permissible for you to appeal on someone else's behalf

http://www.popla.org.uk/makinganappeal.htm#whocan

I am presuming this was a windscreen ticket? I am sure that I have fairly recently seen a copy of a report/letter from POPLA to PPCs saying something like 'it is YOUR responsibility to check that the person appealing is actually the RK / Driver'. I will have a search and see if I can find it - unless someone beats me to it?

Daisy

Edit: I can't find the article at the moment but I'll post a link if I come across it. In the meantime I bet Parking Prankster would be interested in this as he is always on the lookout for interesting parking cases to challenge:

prankster@parking-prankster.com

Also are your friends members of the RAC or AA? If so I'd also draw their attention to this

The Daily Telegraph might also be interested in following this up as they recently published an article about POPLA's lack of impartiality

http://www.telegraph.co.uk/motoring/news/10219403/Private-parking-ombudsman-advising-enforcement-companies.html

jdybnsn

Yes it was a windscreen ticket which I got hold of before they saw it and they have never seen it - they are old, and registered disabled....cheeky blighters even admitted the attendant saw their Blue Badge. The issuer had placed the ticket over it (nice touch !) ....and this is a company who are affiliated to, and have won awards from, Disabled Motoring UK (another shower who seem to be endorsing and supporting these scamters!) .

In all honesty I was not over concerned about the ticket since District Enforcement had contravened so many BPA codes of practice, Trading Standards/ Disability Act breaches, and general basic errors and such like...it was quite laughable.


....just for starters there were no warning signs at all at the entrance to the area, but DE Ltd were arguing my friends had entered into a contract based on the ceasation of yellow lines, and a change in the colour of tarmac - yes honestly !!!....I was looking forward to them putting that one before a Judge !:rotfl:

Stroma

Well as they have had the NtK , why not take the opportunity to cost the parking company another £27+vat, and the bpa about £100 ? Very obliging of them to give you a point of complaint to the dvla, and another point of appeal at popla

jdybnsn

Stroma wrote: »

Well as they have had the NtK , why not take the opportunity to cost the parking company another £27+vat, and the bpa about £100 ? Very obliging of them to give you a point of complaint to the dvla, and another point of appeal at popla

......yes, my thoughts too... might even start off representing my friends again

Guys_Dad

Balance of ease of dealing with it -v- bloodying their noses.

Easy dismiss on POFA timescales or cost them money at POPLA.

If POPLA have already deleted it, have they paid already?

Fergie76

I don't know what the regulars think and I know it goes against the grain of everything they advise, but in this case, given the amount of appeal appoints, it might be worth nominating yourself as the driver, to keep your friends out of the loop and you continue to deal with it on that basis.

jdybnsn

Guys_Dad wrote: »

If POPLA have already deleted it, have they paid already?

If you mean have my friends paid ?...no they have not ..hence why they have just received a NTK. My appeal was deleted...not the ticket (PPN)...perhaps I should edit the title of this thread to make it more clear.

jdybnsn

Fergie76 wrote: »

I don't know what the regulars think and I know it goes against the grain of everything they advise, but in this case, given the amount of appeal appoints, it might be worth nominating yourself as the driver, to keep your friends out of the loop and you continue to deal with it on that basis.

Of course I will be continuing to advise them - there's no way they can deal with it...Its so long ago that they can't remember who was driving - and neither can I.

They don't have internet access (and I'm blowed if we will waste any money on stamps !) so could be interesting to see what 'proof' is required by POPLA, when exactly the same email address is being used as before and possibly even the same appeal letter !

Stroma

Just challenge them again, ensure you tell them to pay the £27+vat again, and thank them for giving you the opportunity to have them get charged twice for the same appeal to popla. Then write the same appeal again

kirkbyinfurnesslad_2

Forget the issue of the driver. That's really irrelevant tbh. Just appeal now as the driver. Include the usual lack of contract and pre estimate of loss issues and you are onto a winner:)