NCP got Debt Collectors involved before we had the chance to appeal POPLA

samin999

My mother received a PCN on the 24/10/2013. I did request some advise from the forum and wrote a letter to NCP. You will be able to see that on my previous threads started.

The appeal letter was dated and sent on 08/01/2014 and we received an acknowledgement letter dated 21/01/2014 from NCP. After this letter we waited until the second letter which we received dated 25/02/2014, in which NCP rejected my appeal and only addressed 1 of 3 issues I had raised. Correct me if I'm wrong is this not longer than 35 days?

After a week of receiving the last letter from NCP unfortunately my mother was sent to hospital and on her return she found 2 letters from DRP (Debt Recovery Plus Ltd). They are now demanding £124, (it was originally £75) by the 16/04/2014.

Could someone please advise what I should do since this debt company has got involved. Should I just ignore this letter and apply to POPLA still? If so I would be grateful if anyone could help me draft the appeal to POPLA as I really don't want either me or my mother to pay £124 to these daylight robbers. I can copy and paste the letters written so far between us.

I would be grateful if anyone can help me on this matter.

da_rule

If you're out of time for the POPLA appeal then they may not consider your appeal, however they can consider appeals out of time when there are special circumstances. I would say that a hospital visit would probably suffice, however, you would have to appeal by post as I believe that the online method would block you from appealing as you are out of time. It would also be helpful to provide them with evidence as to why your mother could not appeal in time (maybe a doctors note saying she was in hospital between X date and X date).

Redx

unless the rejection contained a popla code , you cannot appeal to popla

if it contained a popla 10 digit verification code then it was valid for 28 days (you can use the checker in the link from the NEWBIES thread to verify this)

this will have expired by now, so again you cannot use popla unless you send by post as mentioned above and provide proof of why its late and ask for it to be considered by the lead adjudicator as still valid

if NO CODE was contained in the rejection letter, report them to the BPA , ignore the debt collectors

re-read the NEWBIES thread for full advice (especially about debt collectors) and read the flowchart too (post #9 EDITED due to next post below - thanks)

bod1467

Redx wrote: »

and read the flowchart too (post #8)

It's actually linked in post #9 but I'm hoping C-M will link it properly within her excellent guide.

lescm19

Firstly, tell your mum not to worry, she or anyone else won't have to pay a penny as there never was a debt for anyone to collect upon!
I am pretty new to this but I believe when (eventually!) rejecting your appeal, NCP should have included the 10 digit POPLA code there and then, but often they do not bother in order to try to "escalate things" as they attempting to do now but with no legal standing.

samin999

Thank you all very much for your advice, I have contacted both BPA and POPLA regarding the matter. BPA have asked me to send evidence in order for them to be investigated and POPLA simply just said I should write a letter explaining all of this and maybe they will consider it. I have written the beginning of the letter which states why the appeal is late and was hoping some of you may look over it and give any further advice you may have.

" POPLA Code: xxxxxxxx
Vehicle Registration: xxxxxxxx
PCN Number: xxxxxxxxx
Issue Date of PCN: 24/10/2013
Address


Dear Assessor,

I’m writing to you in relation to the above PCN issued on the 24/10/2013. I would like to make the matter clear by firstly stating I am aware that the above POPLA Code is now out of date and has surpassed the 28 day period of use. However I would ask kindly that a lead adjudicator consider this POPLA code valid on the following grounds. I would like to clarify again the statements written below are not grounds of appeal against the PCN but merely reasons of why this letter of appeal should still be considered.

I would also like to point out I am not the registered keeper of the vehicle stated above, but will be writing on the registered keepers behalf due to reasons I will state below.

On the 19/12/2013 a Notice to keeper was issued and received to the above address. Mrs. N xxxxxx (the registered keeper of the vehicle) challenged the above PCN and requested an acknowledgement letter within 14 days and a comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). The letter written by Mrs. N xxxxxxx was dated 08/01/2014 and was within the 28 day period set out by NCP (National Car Parks Ltd.) in their notice to keeper.

The first letter of acknowledgement by NCP was received to the above address and was dated 21/01/2014, 13 days after the letter written by Mrs. N xxxxxxxx. However a comprehensive letter detailing whether the appeal is rejected or waived was only written and dated by NCP on the 25/02/2014. This is 48 days after in which the letter was sent by Mrs. N xxxxxxxx. By this point Mrs. N xxxxxxxx assumed the parking charge had been dropped as the correspondent did not meet the deadline and had failed to up keep to the BPA code of practice. Further to this matter on the 23/02/2014 Mrs. N xxxxxxxx had temporarily left the above address for the period of 6 weeks and moved to a close relatives house. This is due to her suffering from Major Depressive Disorder, in which I have enclosed with this letter documents showing evidence of this and some methods used in which can help the patient with their disorder. On her return she found NCP had not dropped the charge but had simply sent their letter late by which point the POPLA code was no longer valid. Again I will reinstate during the period in which the POPLA code was valid she was not at home due to her condition and suffering from Major Depressive Disorder.

If the correspondent had sent their letter within the time given & stated by the BPA Code of 35 days, Mrs. N xxxxxxxx would have consulted further and would have been able to take the appropriate action. I believe the above matter constitutes as a special circumstance and therefore ask that the appeal against PCN xxxxxxxx, be considered under the following grounds. "

I will than go on to write the grounds of my appeal, in which I'm hoping to find a solid template from the forum. Also as i mentioned before my mother was going to the hospital a lot and was not at home however we don't have a doctors note but do have evidence she does suffer from depression hence why she could not be at home by her self.

I really would appreciate any help I can get on this matter.
Many thanks.

da_rule

Do you have to write it as if it is not your mother writing it? Only reason I ask is because I do not think the POPLA are under any duty to accept appeals from people who are not the Registered Keeper or Driver.

Also, the letter is a bit unclear, was it your mother who suffered the disorder or was she a carer of someone with the disorder?

da_rule

da_rule wrote: »

Do you have to write it as if it is not your mother writing it? Only reason I ask is because I do not think the POPLA are under any duty to accept appeals from people who are not the Registered Keeper or Driver.

I take that back, they will.

samin999

da_rule wrote: »

Do you have to write it as if it is not your mother writing it? Only reason I ask is because I do not think the POPLA are under any duty to accept appeals from people who are not the Registered Keeper or Driver.

Also, the letter is a bit unclear, was it your mother who suffered the disorder or was she a carer of someone with the disorder?

Thanks da_rule, I will try and make it a bit more clear that my mother suffers from the condition not the relative. If there is anything else you see let me know

da_rule

Maybe something along the lines of:

"Mrs XXX was suffering from X Condition and therefore left her home address for a period of 6 weeks to be cared for by a relative."

You may need to put something in about why she didn't check her mail.

Redx

paragraph 4 has an error , it should say restate , not reinstate

Again I will reinstate during the period