Parking Eye without prejudice offer

Guys_Dad

Coupon-mad wrote: »

I reiterate that (under the terms of POFA 2012 I think, or it may only be in the BPA CoP and the POPLA terms of service to the PPC industry) a PPC cannot pass to a motorist, the cost of a POPLA appeal.

Did their 'wp' letter actual state it was for the wasted POPLA fee?

There is a subtle difference here, c-m. You are correct in saying that they may not add the POPLA cost to the charge that they are claiming and contained in the NtK. So they can't inflate the amount claimed, say £100, by £27 just because one has appealed to POPLA.

However, this is them saying they will cancel that charge provided that the OP is prepared to pay an admin charge that they have incurred to this point.

Very different.

Fergie76

Guys_Dad wrote: »

There is a subtle difference here, c-m. You are correct in saying that they may not add the POPLA cost to the charge that they are claiming and contained in the NtK. So they can't inflate the amount claimed, say £100, by £27 just because one has appealed to POPLA.

However, this is them saying they will cancel that charge provided that the OP is prepared to pay an admin charge that they have incurred to this point.

Very different.

Maybe it's just me, but I don't see how it is.

Guys_Dad

Fergie76 wrote: »

Maybe it's just me, but I don't see how it is.

The alleged amount owed for breach of contract is identified by the Notice at the site and the NtK. Let's call it £100.

At POPLA stage, the PPC is not allowed to add the POPLA charge.

By the time it gets to court, they add other costs such as solicitor's fees and other costs they try to swing. Judges have been known to allow it.

However, in this case, it is not a POPLA situation, it is an offer to the motorist to cancel the proposed court action upon an admin cost being paid.

If the motorist believes that the landowner has issued an instruction to cancel the charge, without any strings attached, that would be the plank of their defence should court papers be issued.

I am NOT suggesting OP pays, but if the PPC actually took it to court and said (and could prove) that the surgery had said that they should cancel the charge but left them the right to cover "reasonable admin expenses", then thin ice is forming.

andrew987

zzzLazyDaisy wrote: »

Yes, that is exactly my intention.

OP I will pm a couple of letters to you. It will probably be tomorrow now, but you have 14 days to reply to the LBCCC so that is not a problem.

In the meantime it would be really useful if you could find out if the surgery does own the land. Maybe check the land registry? As far as I know you can check for free, you only pay if you print off the title deeds which you don't need to do at this stage.

Daisy

Thank you Daisy.

I will look into who owns land.

Coupon-mad

Guys_Dad wrote: »

There is a subtle difference here, c-m. You are correct in saying that they may not add the POPLA cost to the charge that they are claiming and contained in the NtK. So they can't inflate the amount claimed, say £100, by £27 just because one has appealed to POPLA.

However, this is them saying they will cancel that charge provided that the OP is prepared to pay an admin charge that they have incurred to this point.

Very different.

But I read it that PE had said it was for the POPLA fee? Not allowed if so (I know you know this bit Guys Dad, I am posting it for others):

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

The Government has made it a condition of bringing Schedule 4 into force that an independent appeals service (IAS) must first be brought into force covering all tickets issued on private land by members of an Accredited Trade Association. The independent appeals service is called Parking on Private Land Appeals (POPLA), and begins operating on 1 October 2012. POPLA operates on the following basis:

- It is provided free to motorists;

- Its decisions are binding on the industry (but not on drivers and registered keepers); and

- It is entirely sector funded.

andrew987

zzzLazyDaisy wrote: »

Yes, that is exactly my intention.

OP I will pm a couple of letters to you. It will probably be tomorrow now, but you have 14 days to reply to the LBCCC so that is not a problem.

In the meantime it would be really useful if you could find out if the surgery does own the land. Maybe check the land registry? As far as I know you can check for free, you only pay if you print off the title deeds which you don't need to do at this stage.

Daisy

Hi Daisy, I emailed the surgery when I received the WOP letter to tell them PE said that they were refusing to cancel the charge unless I pay £27.

She replied that she was back at the surgery on Thursday and would speak to PE then email to advise me.

I haven't heard back yet, do you think I should wait until I do so before sending the email and letter to PE?

Thank you ever so much for writing the letter and taking the time to help btw.

zzzLazyDaisy

I thought the surgery had already advised you that they couldn't do anything about the £27?

Personally I would just send the letter. But in any case, if you want to avoid court action you MUST reply to the LBCCC within 14 days, so don't delay too long as the clock is ticking.

D

andrew987

zzzLazyDaisy wrote: »

I thought the surgery had already advised you that they couldn't do anything about the £27?

Personally I would just send the letter. But in any case, if you want to avoid court action you MUST reply to the LBCCC within 14 days, so don't delay too long as the clock is ticking.

D

They said they didn't know if they could do anything about the £27 but would find out and get back to me.

I haven't heard back from them so Ill send the letter anyway.

4consumerrights

There is another way the OP can exert some pressure on PE. Limited companies can claim back expenses on trade memberships and associated costs. I haven't brought this up before as I did not want to alert any PPC's not doing this. However, if PE are attempting to charge the OP this POPLA fee and then including it on their tax returns, they are comitting tax fraud. Perhaps the OP should mention in this in response and alert HMRC of this situation.

Have you had a response from the BPA regarding this unlawful POPLA charge which cannot be passed to the motorist?

Guys_Dad

4consumerrights wrote: »

There is another way the OP can exert some pressure on PE. Limited companies can claim back expenses on trade memberships and associated costs. I haven't brought this up before as I did not want to alert any PPC's not doing this. However, if PE are attempting to charge the OP this POPLA fee and then including it on their tax returns, they are comitting tax fraud. Perhaps the OP should mention in this in response and alert HMRC of this situation.

Have you had a response from the BPA regarding this unlawful POPLA charge which cannot be passed to the motorist?

No they are not.

In the event that the OP paid the £27, then PE would show a cost of £27 included in their operational costs and an income of £27 in their "sales", as their successful charges are shown. No fraud.

(Started off my working life as an auditor.)