How long should you wait for a parking appeal response.

PeterHa

I received a private parking notice and appealed against it. On the parking ticket it suggested they would respond in 14 days. Only recently I have received their response, which took them 6 weeks to do so. What are the rules on parking companies not responding within their own time constraints?

I don't think I have much of a leg to stand on with the reason for the parking ticket, but can I appeal based on the length of time it took for them to respond? Should I raise this with POPLA?

Thank you

Pete

Stroma

Okay we are missing some info to respond properly to you, can you answer the questions below

1) who is the parking company?
2) is this in england or wales?
3) did you wait until the notice to keeper to arrive before appealing?
4) did you admit to being the driver?
5) have you got a popla code?

Thanks

Nodding_Donkey

How can you not have a leg to stand on?

I take it you haven't read https://forums.moneysavingexpert.com/discussion/4816822

ColliesCarer

Hi Pete,
they should acknowledge your appeal within 14 days and respond within 35. I think you can report them to the BPA for non-compliance if it was longer.
Yes you can appeal to POPLA but you need a code which they should have given you in their response - if they didn't request it now.
If they did check it on the POPLA code checker on pepipoo - the parking pranksters web site for the date it was issued - you have 28 days from then.
Vital you also read the NEWBIES sticky thread which contains all the info you will need to put together a winning appeal and follow the advice about the points that need to be in a winning POPLA.
There are some great people on here who will give you help but get yourself up to speed by reading the NEWBIES thread.

Coupon-mad

Welcome to MSE forums!

You can mention the time taken to respond as being a BPA Code of Practice breach - but that won't be the point which wins this for you at POPLA because CoP breaches are not points of contract law. Please read the thread already linked which is the one from the top of the forum which asks all newbies to 'please read these FAQs first'. In post #3 of that sticky thread is 'How to win at POPLA' which we do 100% of the time and will give you the 'legs to stand on'. A POPLA appeal is NOT won by talking about what happened on the day. A POPLA appeal IS won using our wording so be glad you came here and read the sticky thread.

Please also answer the queries raised by Stroma above.

da_rule

I would suggest that in your appeal to POPLA that, as well as the usual points, you also raise the point that the PCN is unenforceable. This would stem from the fact that they have breached their own terms but not providing any response (even an acknowledgment) within the 14 days promised.

The_Slithy_Tove

Coupon-mad wrote: »

CoP breaches are not points of contract law.

Well, they are in a way, but not in the sense of a breach of the alleged (and almost certainly non-existent) contract between PPC and driver.

However, breach of CoP means that the PPC have broken their KADOE conract with the DVLA, and are therefore misuing any data they have illegally obtained from the DVLA.

nigelbb

The_Slithy_Tove wrote: »

Well, they are in a way, but not in the sense of a breach of the alleged (and almost certainly non-existent) contract between PPC and driver.

However, breach of CoP means that the PPC have broken their KADOE conract with the DVLA, and are therefore misuing any data they have illegally obtained from the DVLA.

They have also very likely breached their contract with their employer the landholder as these usually contain a clause to the effect that the PPC confirm that they operating in compliance with the BPA Ltd CoP

Coupon-mad

Yep and based on the European Directive I have just been reading, an appellant could also paint 'breach of the CoP' to be in breach of this:


THE COUNCIL OF THE EUROPEAN COMMUNITIES
COUNCIL DIRECTIVE 93/13/EEC, 5/4/1993 on Unfair Terms in Consumer Contracts
ANNEX {terms which may be regarded as unfair}
Terms which have the object or effect of:
(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;
(i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
(o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his.''

IamNotAllowedToUseMyName

Coupon-mad wrote: »

Yep and based on the European Directive I have just been reading, an appellant could also paint 'breach of the CoP' to be in breach of this:


THE COUNCIL OF THE EUROPEAN COMMUNITIES
COUNCIL DIRECTIVE 93/13/EEC, 5/4/1993 on Unfair Terms in Consumer Contracts
ANNEX {terms which may be regarded as unfair}
Terms which have the object or effect of:
(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;
(i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract;
(o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his.''

Makes me think that any company that offers a sham first appeal where they don't really answer the objection are probably non-compliant, it is implicit that a parking company, when reviewing appeals, have an obligation to treat them reasonably. I'll add this to my trading standards complaint. In my case I did a full complaint including gpeol - which they should have been obliged to respond to but ignored.