ParkingEye still will not send POPLA code

John_Fletcher

Hi all

Sorry if this has been covered before.

Long story short.... Received a PCN for overstaying in the Fistral car park.

Appealed to them stating I was not the driver at the time of offence, and that I would not be disclosing drivers details.

Standard reply back extending my time to pay or provide details.

I then replied asking them to either cancel or issue a POPLA code that I was entitled to.

I have now received a "warning" that I should provide drivers details or pay up.

and still no POPLA code.

My question is what should I do next to get the POPLA code?

Many thanks in advance

Iceweasel

Far be it from me to ever agree with Parking Eye, but in my opinion telling them that you were not the driver, and that you're not going to tell them who was, is NOT an appeal.

I think you need to say that the driver wishes to appeal because of ..... insert whatever you wish as it really makes no difference ......and ask for a POPLa code if the appeal is refused.

I suggest you write again

kirkbyinfurnesslad_2

Just appeal as the driver. Very simple appeal. No point not. Get popla code, come back here and we will help you win at popla.

Umkomaas

John_Fletcher wrote: »

Hi all

Sorry if this has been covered before.

Long story short.... Received a PCN for overstaying in the Fistral car park.

Appealed to them stating I was not the driver at the time of offence, and that I would not be disclosing drivers details.

Standard reply back extending my time to pay or provide details.

I then replied asking them to either cancel or issue a POPLA code that I was entitled to.

I have now received a "warning" that I should provide drivers details or pay up.

and still no POPLA code.

My question is what should I do next to get the POPLA code?

Many thanks in advance

'Appealing' only on the basis you were 'not the driver, and I won't say who was' is unlikely to be viewed by them as a serious appeal.

You need to send a soft appeal (read through current threads, there'll be plenty of info on soft appeals). After stating you are the Registered Keeper you then need to only use the 3rd person e.g. 'the driver did not see any signs'. Use a couple of standard soft appeal points like signage, pre-estimate of loss, contract with the landowner - then ask them at the end of your letter to either cancel the charge or send you the POPLA verification code to which you are entitled.

Then do lots of reading here about how to construct a winning POPLA appeal, as there will be quite a bit of work for you to do. We'll help by looking at your POPLA draft and give you some pointers if you've missed anything or put anything in we think is not relevant.

If you wish to put your draft soft appeal up, we'll also have a look at that for you.

Time to get to work

John_Fletcher

Thank you all for your replies so far.

This is actually my second appeal to them, the 1st was as stated I " I was not driving and am not disclosing who was" and the other appeal was "Dear Sir / Madam

Thank you for your recent correspondence in relation to the parking charge notice you issued on the ???? August 2013.

As stated in my previous correspondence I am the registered keeper and I will not be disclosing the drivers details to ParkingEye.

The driver never saw any signs when entering the car park so never entered into a contract with ParkingEye and in any case the amount demanded in the parking charge notice is not indicative of any loss, which could have only been very minor even if the driver had seen any clear signs (which they dispute).

So again I ask ParkingEye to either cancel the PCN or provide me the registered keeper with a POPLA code to which I am fully entitled to."

Was this soft enough??

Coupon-mad

Yep that would be fine if the second one was actually sent within 28 days of receipt of the original Notice to Keeper - the first letter with the pretty pics of your car on it. If not, then you didn't send an 'appeal' in time to be allowed to use POPLA.

Umkomaas

John_Fletcher wrote: »

Thank you all for your replies so far.

This is actually my second appeal to them, the 1st was as stated I " I was not driving and am not disclosing who was" and the other appeal was "Dear Sir / Madam

Thank you for your recent correspondence in relation to the parking charge notice you issued on the ???? August 2013.

As stated in my previous correspondence I am the registered keeper and I will not be disclosing the drivers details to ParkingEye.

The driver never saw any signs when entering the car park so never entered into a contract with ParkingEye and in any case the amount demanded in the parking charge notice is not indicative of any loss, which could have only been very minor even if the driver had seen any clear signs (which they dispute).

So again I ask ParkingEye to either cancel the PCN or provide me the registered keeper with a POPLA code to which I am fully entitled to."

Was this soft enough??

Send another similar (yes, it was a perfectly good softee), but also include that unless a POPLA code is forwarded, you will reporting their refusal to the BPA and DVLA.

Remind them that they have 35 days from the date of your (2nd) appeal - the first I wouldn't count - to do so, after which time you will conclude that the Parking Charge has been cancelled.

spacey2012

If you are fully prepared to go to county court, just ignore them in that case.
They did a big court show, but even by my lethargic sums, we should have had over 700 sittings by now and 700 known results, they are still only 3 known.
They just are not adding up.
Either everyone has paid, or they used 3 stooge cases, lost a few and are just keeping the sham up.

John_Fletcher

I have just sent another soft appeal to them with your suggestions.

I am fully prepared to fight this all the way. However I have read that a certain judge in the Cornwall region ruled in the favour of the Parking companies. I have also read that the Fistral car park land is only let to the people ParkingEye are "collecting" the monies for.

Umkomaas

Small Claims Court cases are heard at a location of the defendant's choice.

John_Fletcher

Thanks for all your replies!!

I have checked the letter and cannot see a POPLA code anywhere.

I have sent the 2nd soft appeal, Lets hope they play ball this time!!