Company car/Excel & Roxburghe

andylong42

I do like your confidence! My concern is that on the POPLA thread there are a number of rejected appeals where I assume the person had to cough up the fee?

AoD

POPLA is only binding on the PPC. We have already seen one Court Case where the PPC won at POPLA, the keeper / driver refused to pay, the PPC then went to Court and lost!

The POPLA defeats you are reading are POPLA appeals made without forum assistance and relied on mitigation which never works!

Umkomaas

andylong42 wrote: »

I do like your confidence! My concern is that on the POPLA thread there are a number of rejected appeals where I assume the person had to cough up the fee?

Please count them out and give us the number of rejected appeals - and these were those appeals made without assistance from the forum (and almost all based on mitigation).

Then count out the number of appeals won with assistance from the forum. And if you can do percentages work out what percentage of success the forum has achieved.

Tell you what, no need for the calculator, I'll give you the answer - 100%

That's where our confidence comes from.

Coupon-mad

kirkbyinfurnesslad wrote: »

No isnt cut and dried as you put it
As the clock has been reset you will now get a chance to appeal and win at popla

That's the only thing - I can't see Excel starting from scratch with a NTD to the driver. There was a case recently where they wrote a threatogram to the driver and said 'on the balance of probabilities' they already knew about the charge and that the keeper must have passed them the NTK. I think it was on pepipoo.

So be ready for the driver to have to write and rebut whatever rubbish they are sent by Excel and to demand a PCN/NTD as they have not had one nor seen one. It may need a complaint to the BPA in 2014 to try to get a NTD out of Excel so the driver can have their right to appeal.

4consumerrights

I agree with Coupon - Excel may try and use stalling techniques here - especially if they have had a whiff that the company may pay!

Coupon-mad

How about the driver sends Excel an appeal saying they were the driver and have never received a Notice to Driver in this instance but this week they have been shown the Notice to Keeper, and this is their appeal...and submit a WEAK appeal deliberately, and not ask for a POPLA code...

...in the hope Excel send them a rejection and POPLA code!

andylong42

Well here we go! I have received my notice today from Excel so at least I am off the hook with my boss crumbling and paying the threats (which he was close to doing). The amount is also reset to the standard £60 and not the laughable £160 that it had risen to.

So I guess I start treating this a first notice and take it from there. I appreciate all this information is on this forum, but could someone please point me in the right direction of the correct threads and process to follow.


Hopefully I will keep the POPLA appeals success rate at 100%!


Thanks for your help getting me this far.

Andy

Redx

probably mentioned before, but all the info you need is in here https://forums.moneysavingexpert.com/discussion/4816822 or linked from it, especially popla appeals

I assume you have a popla code ?

if not, use this first

Dear Excel,

As the driver of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to you company is denied on the following:

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Please issue your cancellation within 35 days of this letter or supply a popla code to appeal to them.

Faithfully

andylong42

Brilliant thanks. I don't have a POPLA code yet so will use that template. Do they every actually cancel at this stage or will they always provide a code? Also, should I include all three of the points or pick the most pertinent one?

Redx

I would say very few cancel at soft appeal stage, not unless you have valid receipts for over £30 like say PE seem to do

but generally no, it always goes to popla in most cases where people generally win on not a gpeol , like my relative did with Excel

so expect a refusal and a popla code , so start preparing your popla defence appeal asap too

not sure what you mean on the last part but if its popla , use the 3 that arent about a stolen car

ps:- as its the peel centre, you will find a superb appeal posted by coupon-mad this week and I think its linked in the newbies thread (under popla appeals)

just adapt it for your own case as driver and not RK