NW Limited PCN

Redx

HARD_WORKER_1234 wrote: »

Hi,
I sent the email with what you advised i put in and it did the trick. Though I didn't win my appeal they have now sent me a letter with their reasons why it's been declined and the form to send to POPLA.

Could i get some advice on what to do now please???

Thanks

obviously you look at good template or guidance letters and amend them to suit your own circumstances but keeping all the legal points in place

this was in the sticky threads and was posted in a few other threads so should have been easy enough to find

https://forums.moneysavingexpert.com/discussion/4816165

ie:- its all about the research, and the reading , but mainly about making sure it has all the technical points intact, but altering or adding to it to personalise it , especially as over 90% of the work has been done for you

regards

4consumerrights

UNBELIEVABLE THEY SEND A POPLA CODE AFTER LEAVING THE BPA.

HARD_WORKER_1234 wrote: »

Hi,
I sent the email with what you advised i put in and it did the trick. Though I didn't win my appeal they have now sent me a letter with their reasons why it's been declined and the form to send to POPLA.

Could i get some advice on what to do now please???

Thanks

Dear Hard worker
PCN (NW) Ltd left the BPA and now belongs to the IPC -

https://forums.moneysavingexpert.com/discussion/4835260


So subject to others comments - I'd be inclined to do the following:

Letter to PCN(NW) Ltd

PCN NO:
Reg No:

Dear Sirs,

Due to your persistent failure to respond to my repeated requests to issue a POPLA code for appealing my parking charge notice, which involved complaints to the BPA, I note now that you are no longer members of the BPA.

The POPLA code you have now finally sent is no longer valid as the BPA will not pay for the appeal or recover your portion of the charge as you are no longer members.

As the original parking charge was issued prior to your joining the IPC, then there is no recourse for appealing using their system.

In view of the above, I suggest that you cancel this parking charge immediately or face a counterclaim for damages for pursuing the registered keeper when no appeals system is open to me. Complaints will also be made to the DVLA and the ICO should this charge not be cancelled.

Please therefore inform me by return that this charge has been cancelled.


Yours faithfully


print name
Registered Keeper.

Guys_Dad

This is an interesting situation.

Presumably, if they intend to go ahead, they now will have to send you out a new NtK with how to contact the IPC and we will need to get to grips with their "independent" adjudication system.

You could be the test case.

Redx

interesting yes, but reading what 4consumer said, it seems to him (me as well) that if they are trying to prove a contract existed on the day of the contravention, they have to abide by the rules on that date, which as they were then a BPA member and presumably had the BPA logo on their paperwork and signage, surely they have to honour the rules of the day ?

so I would say to the PPC , tear up the ticket on the grounds that he has no right of appeal to the BPA and his letters have always asked for a POPLA code for adjudication by the BPA which they have now breached by leaving that trade body whilst the case was ongoing , after all, he didnt agree to the new signage and conditions and charges agreed under the IPC tie up

kirkbyinfurnesslad_2

The Popla code should actually work

Its been given to the ppc by Popla so i would say appeal to popla, the fact they have now left the bpa after the issuing of the code is irrelevent.

4consumerrights

More like a guinea pig - the first under new IPC!

I would strongly urge the OP to send the letter I gave above first.

I would like to test their theory then regarding only appealing against the law here then. The parking charge was issued ages ago when they were members of BPA. PCN (NW) joined IPC on 1st December so by both counts they are out time IMO.

kirkbyinfurnesslad_2

it is going to interesting to test the new IAC appeals process, i wonder if they will entertain GPEOL

If not wonder how many PPCS will flock over to the IAC

4consumerrights

kirkbyinfurnesslad wrote: »

The Popla code should actually work

Its been given to the ppc by Popla so i would say appeal to popla, the fact they have now left the bpa after the issuing of the code is irrelevent.

Yes but did POPLA know they were leaving BPA?
Can you see the BPA paying the £100 for their part in the appeals process plus recovering the £27 plus VAT from PPC?? -

Guys_Dad

You have the POPLA code. Use it. If the PPC sends in their case, it goes ahead as a normal POPLA case.

If they don't - you win.

Just one other point - can the PPC be members of both the IPC and BPA simultaneously ? Any evidence to say they can't?

Not that they would want to have 2 sets of fees long term, but maybe while changing over the signs etc it would be sensible (for them !)

kirkbyinfurnesslad_2

4consumerrights wrote: »

Yes but did POPLA know they were leaving BPA?
Can you see the BPA paying the £100 for their part in the appeals process plus recovering the £27 plus VAT from PPC?? -

Its irrelevant i think because they have provided the code at the material time