PCM Aggression

da_rule

Yeah I just found that on the POPLA website (http://www.popla.org.uk/makinganappeal.htm). Seems odd that they say this but then they order the PPC's to pay back any money which has been paid.

HO87

I have re-read the CoP and checked again on the POPLA website. I have to admit I was of the same view as KIFL. However, the only criteria for appealing to POPLA are that you have appealed to the PPC, been rejected and have been given a POPLA code and the OP can fulfil all of those.

I think it well worth appealing - there is nothing to be lost at this stage. The PPC aren't going to pursue things as they have been paid - or at least have money at this point - and the worst that can happen is that POPLA reject it once they learn that the PPC have been paid.

I believe that a strong appeal coupled with an upfront admission about the payment having been in a moment of panic and ignorance by the OP's son has a good chance of success. Besides I would still like to know what the hell the PPC was doing calling the OP's son anyway given that they are not supposed to chase debts until a reasonable period for an appeal has passed. A few days doesn't cut it.

EDIT: Further to the above. An appeal can be made by anyone on behalf of the appellant. There would be no reason why the OP couldn't appeal on behalf of his son explain his current emotional state and appeal on the basis that the payment was made under duress. That is mitigation but doesn't relate to the parking event so should be considered.

da_rule

Grandad, does your son own the vehicle in question or was he driving it when the ticket was issued?

The only reason I ask is because if he wasn't then he has no liability. I'm assuming the payment thing for POPLA is based around the fact that by paying you have admitted liability. It might be worth putting something in about what happened and that as you are the registered keeper you have not accepted liability and you have not given your son permission to accept liability on your behalf. I know POPLA don't accept mitigation in terms of the grounds of appeal but they do when it comes to the standing to appeal. Like when you appeal late, they will sometimes allow it of you have a good enough reason.

HO87

da_rule wrote: »

Grandad, does your son own the vehicle in question or was he driving it when the ticket was issued?

The only reason I ask is because if he wasn't then he has no liability. I'm assuming the payment thing for POPLA is based around the fact that by paying you have admitted liability. It might be worth putting something in about what happened and that as you are the registered keeper you have not accepted liability and you have not given your son permission to accept liability on your behalf. I know POPLA don't accept mitigation in terms of the grounds of appeal but they do when it comes to the standing to appeal. Like when you appeal late, they will sometimes allow it of you have a good enough reason.

Great minds think alike it seems. Sorry my edit crossed with your post.

da_rule

I think I might have misunderstood the OP's original post. I thought that the PCN had been issued in his name and his son had been railroaded into paying it on his behalf. Having just reread it it would appear that the PCN was in the sons name and the OP has just been trying to help his son out during this emotional time by dealing with.

Wilsons_Grandad

HO87 wrote: »

I have re-read the CoP and checked again on the POPLA website. I have to admit I was of the same view as KIFL. However, the only criteria for appealing to POPLA are that you have appealed to the PPC, been rejected and have been given a POPLA code and the OP can fulfil all of those.

I think it well worth appealing - there is nothing to be lost at this stage. The PPC aren't going to pursue things as they have been paid - or at least have money at this point - and the worst that can happen is that POPLA reject it once they learn that the PPC have been paid.

I believe that a strong appeal coupled with an upfront admission about the payment having been in a moment of panic and ignorance by the OP's son has a good chance of success. Besides I would still like to know what the hell the PPC was doing calling the OP's son anyway given that they are not supposed to chase debts until a reasonable period for an appeal has passed. A few days doesn't cut it.

EDIT: Further to the above. An appeal can be made by anyone on behalf of the appellant. There would be no reason why the OP couldn't appeal on behalf of his son explain his current emotional state and appeal on the basis that the payment was made under duress. That is mitigation but doesn't relate to the parking event so should be considered.

Really appreciate all the help here.

Wilsons_Grandad

da_rule wrote: »

I think I might have misunderstood the OP's original post. I thought that the PCN had been issued in his name and his son had been railroaded into paying it on his behalf. Having just reread it it would appear that the PCN was in the sons name and the OP has just been trying to help his son out during this emotional time by dealing with.

Absolutely on the button.

Coupon-mad

I feel you should complain about PCM to the BPA about this harassment by phone when the case was already at POPLA appeal stage. At this stage, a PPC has to 'stop work on the case' i.e. not try to collect the payment/send debt collection letters/certainly not ring up and bully a vulnerable person into paying.

State that he is submitting a POPLA appeal having been provided with a POPLA code (and I think it should be written by you but with HIS name at the bottom to avoid confusion and POPLa chucking it out). But say to the BPA unbeknown to you PCM phoned him and bullied him into paying (quote what they said) but that he has made no admission of liability and just paid because they bullied him over the phone and threatened to 'take him for a lot more'!

Ask the BPA to investigate this bullying and BP breach - and to confirm that the POPLA code can indeed be used as planned.

kirkbyinfurnesslad_2

Richard Reeve has stated previously in an email to me that Popla will not accept popla appeals where the user has paid the ppc

Coupon-mad

Yep but if the BPA investigate and allow the POPLA code to be used under these circs, bearing in mind the accusation, it would be OK.

Also I think we saw one the other month which slipped thru the net when it had been paid but POPLA still made a decision. Worth using the code anyway (as long as the OP follows our templates in post #3 of the NEWBIES thread) and certainly complaining to PCM's Trade Body!