Lost the right to make an appeal to POPLA

bluetntmo

Hi all

I posted on here and you advised me not to pay the fine of £85.00 but to send a letter as this:

Dear ticketers
As the registered keeper I'm in receipt of your notice to keeper invoice 00104228, I wish to invoke your appeals process on the following points.
1) The amount charged is not a genuine pre-estimate of loss
2) You do not have the authority to set charges at this site
3) Your signs do not comply with the bpa code of practice
4) You haven't given an adequate grace period to leave the site
5) Your named Excess Charge Notice is a claim of authority and complaints to the bpa & dvla has been submitted
If you reject this appeal, please forward a popla verification code so we can cost you £27+vat to get this cancelled, as you are probably aware popla upholds all appeals when the points above are used.

I have received a reply telling me that the signage is clear and approved by the BPA and they can forward photo's if the BPA request. As the ECN was issued on 14-10-13 and a formal demand has been sent I have lost the right to appeal to the POPLA. I now owe £110.50!

What should I do

Stroma

It would be helpful if you posted on your original post
https://forums.moneysavingexpert.com/discussion/comment/63845997#Comment_63845997

But can you tell us when exactly your ticket was issued, when you got the notice to keeper, and when you appealed.

Thanks

bluetntmo

Sorry but could not find my original post!


Ticket issue 14-10-13
Notice to keeper 20-11-13
Appeal 21-11-13


Thanks

Stroma

Well I suggest you make complaints to the BPA and DVLA, you are not out of time with this, you have 28 days from the notice to keeper to appeal, and they are withholding your right to popla as they have rejected it. Forward a screenshot of the email, or a copy of the letter you've had, together with your original appeal.

Will think of something appropriate to send to the parking company in a bit

foi@dvla.gsi.gov.uk
aos@britishparking.co.uk

fisherjim

bluetntmo wrote: »

Hi all

I posted on here and you advised me not to pay the fine of £85.00 but to send a letter as this:

Dear ticketers
As the registered keeper I'm in receipt of your notice to keeper invoice 00104228, I wish to invoke your appeals process on the following points.
1) The amount charged is not a genuine pre-estimate of loss
2) You do not have the authority to set charges at this site
3) Your signs do not comply with the bpa code of practice
4) You haven't given an adequate grace period to leave the site
5) Your named Excess Charge Notice is a claim of authority and complaints to the bpa & dvla has been submitted
If you reject this appeal, please forward a popla verification code so we can cost you £27+vat to get this cancelled, as you are probably aware popla upholds all appeals when the points above are used.

I have received a reply telling me that the signage is clear and approved by the BPA and they can forward photo's if the BPA request. As the ECN was issued on 14-10-13 and a formal demand has been sent I have lost the right to appeal to the POPLA. I now owe £110.50!

What should I do

They know that a carefully worded appeal will stuff them at POPLA and are hoping that you will be conned by their lies.
Take advice from the clued up regulars on here and don't cave in to these scammers!

HO87

Rather than prolonging the agony why not write to LPS and tell them that as they have failed to to abide by the CoP in not providing you with a POPLA code that you consider the matter closed and will regard any further correspondence as harassment?

Stroma

Yes I agree with the above

Dear ticketers

I am in receipt of your reply to the appeal sent to you on the 21/11/2013, I note the contents, and wish to inform you that you are not abiding to the BPA Code of Practice.

The appeal to you was in time, and by rejecting it and not giving a Popla Verification Code, you are clearly in breach of the Code of Practice you have signed up to.

You have also lost the right to hold the keeper liable, and any further letters by you or your agents will be considered harassment, this matter is now closed!

Faithfully
RK

bluetntmo

Thanks Stroma, HO87 & fisherjim

Have complained to dvla and bpa

Letter to lps all done as suggested and posting tomorrow

Will let you know

4consumerrights

I would inclined to combine both Stroma's and HO87's advice:

Letter to Local Parking Security (not services!)

Dear Sirs,

Further to my appeal against "excess parking charge" of the 21st November 2013 and your response dated the.........., I would like to point out the following:

The term "excess parking charge" cannot be lawfully used for unregulated private parking and will be reported to trading standards for misrepresentation of authority.

Your company are members of the BPA and are bound by their CoP which includes offering members the opportunity of appealing a charge and following the due process to POPLA. This is indeed also detailed here on your website:

Once your appeal has been received, a decision will be made and you will be notified. If you are not satisfied with the decision, you have the right to appeal to POPLA. Ask one of our operatives for further information on how to do this.

http://www.localparkingsecurity.co.uk/index.php?option=com_content&view=article&id=5&Itemid=7

POFA 2012 states under schedule 4 - conditions for paragraph 4

7: (2) d) "inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available"

and
(5)In sub-paragraph (2)(d) 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 driver 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 driver to independent adjudication or arbitration.

As you are now obstructing my rights to complete the appeals process by which you are legally bound, then I consider the matter closed and expect to receive your written cancellation by return.

Any further attempts to pursue this charge will be deemed harassment and will result in complaints made to the BPA, DVLA, Trading Standards and also to the ASA for misrepresentation .

Yours faithfully


Registered Keeper

***********************

LPS are a bit of a joke - the director used to work for council parking - hence his confusion of ECNs!

they claim to have a

BPA Secured parking award

and offer

Our own installtion team

http://www.localparkingsecurity.co.uk/index.php?option=com_content&view=article&id=4&Itemid=6

bluetntmo

OK now I have a letter from 'Quest Debt Recovery Ltd' stating that I now owe £165.75 as I have £55.25 of recovery costs. Which has to be paid by 24 December!
BUT
I have received a confirmation e-mail from bpa stating they are investigating the matter with the operator and will be in contact.
I am about to send a letter based on 4consumerrights recommendations to Local Parking Security Ltd.
Don't worry I am not about to pay this but my wife is having sleepless nights!
Lets see what happens

Stroma

Please wifey don't worry about this scam, they don't do court as they are to chicken to go there ! Debt collectors are powerless vermin who can be ignored completely.

Just wait for the bpa to answer, did you complain to the dvla as well?