Vehicle Control Services - POPLA time

Coupon-mad

You may as well check that colourful piece of rubbish thoroughly, as I bet it doesn't include everything stated in Schedule 4 of POFA 2012 paragraph 9:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

9
(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must —
(b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—.
(i)to pay the unpaid parking charges; or.
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;.

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—.
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and.
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,.
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;.

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

9 (8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—.
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and.
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

Olivier

So with the update...

I think they actually comply with what CM highlighted (although I'm not a law expert), so have removed the mention of appeal and added the link to the mirror should they fail to comply with their own CoP.

*******
Dear Sir / Madam

I am writing to you regarding parking charge notice xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013.

I would like to draw your attention to the fact that the signage supposedly bearing the contract to access to the "privately operated access roads" at Liverpool John Lennon Airport does not have any terms & conditions on it. It is also not readable from a moving vehicle, and so not compliant with the BPA Code of Practice.

Your charge is punitive, unjustifiable and unenforceable, and not a true pre estimate of loss. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

If you reject this challenge the keeper requires within 35 days a POPLA verification code to appeal independently, per Version 3 of the BPA Code of Practice.

I expect you to comply with the BPA Code of Practice regarding all processes and timescales (see the consequences of not complying here: http://www.mirror.co.uk/news/uk-news/thousands-parking-fines-could-overturned-2367275).

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

The challenge will be deemed accepted if there is no POPLA code on any rejection that you supply within the time-frame stipulated above.

Regards

Name.
********

Coupon-mad

Olivier wrote: »

You can see the red section (for appeal) at the back of the notice here: http://forums.pepipoo.com/index.php?showtopic=75758

That version doesn't cover all the requirements of the POFA 2012 Schedule 4 so I assumed yours doesn't either. Exact wording would be needed on the Notice, or very close. I don't see it, can't see they have ID'd the creditor, can't see them stating that 'the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full' ...nor stated any of the rest...

HO87

Coupon-mad wrote: »

That version doesn't cover all the requirements of the POFA 2012 Schedule 4 so I assumed yours doesn't either. Exact wording would be needed on the Notice, or very close. I don't see it, can't see they have ID'd the creditor, can't see them stating that 'the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full' ...nor stated any of the rest...

+1 Agreed. I'd suggest that you reinsert the relevant section. As a general rule very few NtD's are actually compliant.

Olivier

Updated... Added / reworded 3rd paragraph.


*******
Dear Sir / Madam

I am writing to you regarding parking charge notice xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013.

I would like to draw your attention to the fact that the signage supposedly bearing the contract to access to the "privately operated access roads" at Liverpool John Lennon Airport does not have any terms & conditions on it. It is also not readable from a moving vehicle, and so not compliant with the BPA Code of Practice.

Also, you have not provided any information about the process to follow, should I want to appeal this "parking charge notice". Your notice doesn't include all the information required, as stated in Schedule 4 of POFA 2012 paragraph 9.

Your charge is punitive, unjustifiable and unenforceable, and not a true pre estimate of loss. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

If you reject this challenge the keeper requires within 35 days a POPLA verification code to appeal independently, per Version 3 of the BPA Code of Practice.

I expect you to comply with the BPA Code of Practice regarding all processes and timescales (see the consequences of not complying here: http://www.mirror.co.uk/news/uk-news/thousands-parking-fines-could-overturned-2367275).

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

The challenge will be deemed accepted if there is no POPLA code on any rejection that you supply within the time-frame stipulated above.

Regards

Name.
********

Guys_Dad

Olivier wrote: »

Updated... Added / reworded 3rd paragraph.


*******
Dear Sir / Madam

I am writing to you regarding parking charge notice xxxxxxxxxxx issued to vehicle xxxx xxx on xx/xx/2013.

I would like to draw your attention to the fact that the signage supposedly bearing the contract to access to the "privately operated access roads" at Liverpool John Lennon Airport does not have any terms & conditions on it. It is also not readable from a moving vehicle, and so not compliant with the BPA Code of Practice on signage.

Also, you have not provided any information about the process to follow, should I want to appeal this "parking charge notice". Your notice doesn't include all the information required, as stated in Schedule 4 of POFA 2012 paragraph 9.

Your charge is punitive, unjustifiable and unenforceable, and not a true pre estimate of loss. I require you to either cancel the charge forthwith or provide me with a POPLA code so that I can refer the matter to POPLA.

If you reject this challenge the keeper requires within 35 days a POPLA verification code to appeal independently, per Version 3 of the BPA Code of Practice. Please note that the keeper is aware that under the BPA CoP, POPLA Guidelines and POFA 2012, an appeal can be made by the keeper and does not, at this stage, need any input from the driver, so there is no reason to withhold the POPLA code.

I expect you to comply with the BPA Code of Practice regarding all processes and timescales (see the consequences of not complying here: http://www.mirror.co.uk/news/uk-news/thousands-parking-fines-could-overturned-2367275).

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the POPLA code.

The challenge will be deemed accepted if there is no POPLA code on any rejection that you supply within the time-frame stipulated above.

Regards

Name.
********

I have made a couple of addition suggestions in red. I also suggest that you take out or amend th bit in green as, if they decide to play silly b*****s and NOT send the POPLA code, are you really not going to do anything? Silly if you don't, so not worth making statements or threats you won't keep.

Olivier

Looks good. Thank you

Olivier

I've emailed them the draft above, and have received an automatic reply saying I should include my full name and address in the email for them to process it. I didn't as I couldn't be bothered, and they have these anyway since I received the "PCN".

Should I email back repeating the info they already hold?

Umkomaas

Olivier wrote: »

I've emailed them the draft above, and have received an automatic reply saying I should include my full name and address in the email for them to process it. I didn't as I couldn't be bothered, and they have these anyway since I received the "PCN".

Should I email back repeating the info they already hold?

I don't think it will progress without it. Irritating I know, but it's not as if you're revealing anything that might disadvantage you; play their game for now. Once you get that POPLA code, they're going to be playing your game.

Coupon-mad

Olivier wrote: »

I've emailed them the draft above, and have received an automatic reply saying I should include my full name and address in the email for them to process it. I didn't as I couldn't be bothered, and they have these anyway since I received the "PCN".

Should I email back repeating the info they already hold?

Yes. Do you want to win this? Play the game at this stage then. Forward the email again and add your name and address as registered keeper (not saying who was driving).