27 days between incident and notice

moosty_moo

Hi,

I've received a notice to "registered keeper of the vehicle" from UKPP about "alleged contavention of Dropping off/ picking up in a Resticted area." at Newcastle Airport.
On the notice the incident occured on XX-08-2013 and the "date of this notice:" is XX September 2013 - 27 days.
Do they have to issue the notice within a certain time frame?
I've already sent them a very soft appeal with no details and have received a POPLA code.
I didn't, previously, notice the time between incident and issue of notice - doah. Does that change anything?

Should I continue with a POPLA appeal and is that worth mentioning?

TIA.
Regards.

Guys_Dad

As long as they didn't ticket you, they should be out of time. See http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted section 9

However, all that does is to give the keeper the opportunity NOT to identify the driver and escape liability for payment by default. If your soft appeal actually stated that you were the driver, then it's on with POPLA, I am afraid.

Coupon-mad

Do you mean UKPC? Who are UKPP?

Anyway YES you can mention in your POPLA appeal all sorts of stuff you can dig up from your reading about how to win a POPLA appeal, including any non-compliance with deadlines and wording or the Notice, signage, etc.

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

Lots of links there but hope they help you see what you must include in any POPLA appeal. Versions like those shown win 100% of the time at the moment.

moosty_moo

Hi Guys Dad,

Many thanks for your reply.
The car wasn't ticketed - the notice was sent through the post.
I sent the following to the PPC:
Dear Sir,

With reference to the invoice XXXXXXX dated XX Sept 2013 , the keeper denies all liability for this charge as there is no loss to you or the landowner

The keeper requires that you immediately cancel this invoice. If you reject this challenge, please forward a POPLA verification code to appeal to them independently.


Faithfully

The keeper

Should I appeal again to the PPC, do you think?

TIA,
Regards.

Guys_Dad

OK. Read the link I gave you for the facts.

Here is a previous letter I suggested. Tailor it to your situation and refer them to your previous letter saying you missed this point.

Dear Sirs,

Your ref etc..........

I am the keeper of the above vehicle and I am challenging your PCN on two grounds.

The first is your extortionate charges. The £150 non- discounted charge demanded exceeds the maximum allowed under the British Parking Association Code of Practice which states that you need to justify any charge over £100 to them.

When you produce a letter from them authorising this amount with an explanation to me as to why they believe this to be fair, then I may give further consideration to your letter but until then, you and I both know you are on a hiding to nothing.

The second is even more outside the rules so to speak.

The Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section
9 (4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

The relevant date for the notice to be in my hands was September 10th, but as you only sent the letter on that date, you have failed to adhere to the lawful time period and I am not, therefore, obliged to name the driver or accept the charge.

I invite you to accept this as my formal appeal and either cancel the charge or send me a POPLA code so that I may appeal to the independent adjudicator and you can attempt to convince them that £150 is a genuine pre-estimate of loss and that for you, time has stood still.

Yours faithfully,


The Keeper

Coupon-mad

But the OP seems to be saying they already have a POPLA code, so mustn't miss that 28 day window!

Guys_Dad

Coupon-mad wrote: »

But the OP seems to be saying they already have a POPLA code, so mustn't miss that 28 day window!

Dual approach then. On with the POPLA appeal and at the same time tell PPC that they can't pursue it with keeper as out of time and keeper declines to give up driver.

I did say that was a previous letter of mine that OP should adapt for his circumstances, so any ref to giving POPLA number should be removed and simply advise PPC to cancel charge.

Maybe, if time permits, OP could offer PPC an early settlement discount by saying if they cancel his charge, he will save them £27 and not pursue POPLA. :rotfl::rotfl::rotfl:

moosty_moo

Hi Guys-Dad and Coupon-Mad,

Many thanks for your help with this!
I'll crack off an email to UKPPO and get on with the POPLA appeal.


Regards.

Umkomaas

moosty_moo wrote: »

Hi Guys-Dad and Coupon-Mad,

Many thanks for your help with this!
I'll crack off an email to UKPPO and get on with the POPLA appeal.


Regards.

Now we've got UKPPO

OP, just who is the Parking Company that is pursuing you?

moosty_moo

Hi,

Sorry for the confusion, it's UKPP.
"Payable to: The UK Parking Patrol Office" as they call themselves on the notice.

Regards.

Stroma

Despite the grandiose name, they are just a two bit scummy parking company who are trying to scam you. Just follow the advice given