Letter received from VCS no POPLA code supplied

skypilot

spacey2012 wrote: »

One based on what I wrote has a 100% success so far of making them cough the popla code.
The reason is POFA 2013 makes it clear they must offer independent appeal or lose keeper liability.
If they lose this, who they going to sue ? they do not know who was driving, they could always start with Mr AAAAAA Ardvark in the phone book.

I'm in receipt of your letter post marked xx/xx/,received today xx/xx/xx.
I refer you back to my original letter acknowledged by yourselves on xx/xx/xx. the terms of my request to appeal the PCN are stated clearly.
You have failed to provide me with an Alternate Dispute Resolution code i.e POPLA code. I consider this to be a rejection of my appeal as the Registered keeper of the vehicle.
Having failed to supply me with an independent appeal in accord with POFA 2012 you have forfeited keeper liability and I therefor request that you cancel the PCN and provide me with the evidence that this has been undertaken.

Coupon-mad

skypilot wrote: »

Having failed to supply me with an independent appeal in accord with POFA 2012 you have forfeited keeper liability.

The above is not true so don't state it. And the 35 days is not set in stone so DO NOT ignore it now you are nearly at POPLA code stage.

A quick forum search for 'VCS driver' as keywords finds loads of results including this thread from just the other day (this happens all the time, lots of threads like this):

https://forums.moneysavingexpert.com/discussion/comment/65298440#Comment_65298440

and it links to an Excel thread where Stroma quotes a recent email all BPA member PPCs were sent by the BPA and DVLA reminding them that this is a breach of the Code of practice. Quote it. But they don't forfeit keeper liability for faffing about!

nigelbb

spacey2012 wrote: »

One based on what I wrote has a 100% success so far of making them cough the popla code.
The reason is POFA 2013 makes it clear they must offer independent appeal or lose keeper liability.

This is wrong POFA 2012 says nothing at all about POPLA or any other independent appeals service. POFA doesn't require PPCs to provide any form of appeal let alone an independent one.

Spacey2012 I have corrected you on this at least once before. Please stop giving out such false & useless information.

Nodding_Donkey

Why do we bother replying to the PPC?

Wouldn't it be better to send a complaint to the BPA and DVLA? Especially for the 'repeat offenders'.

skypilot

nigelbb wrote: »

This is wrong POFA 2012 says nothing at all about POPLA or any other independent appeals service. POFA doesn't require PPCs to provide any form of appeal let alone an independent one.

Spacey2012 I have corrected you on this at least once before. Please stop giving out such false & useless information.

Thanks for your reply.However, I'am struggling here to find the correct info and putting together a meaningful letter. I have clearly misunderstood some of the replies which unless you are really on top of your brief is easy to do.
Some of the replies are simple one liners and not always useful to those who are not as informed as you and other members who have a better grasp of the correct info and procedures.
Hence the reason for the draft letter to ensure I was on the right track.

Redx

adapt the letter in posts #7 to #10 here https://forums.moneysavingexpert.com/discussion/4913744

their case is similar to yours and same PPC

so copy and paste into notepad, make the suggested changes and spelling changes etc, then post on here using copy and paste for checking again

maybe the wording can then be linked in the NEWBIES thread for others with the same issue (saves typing it out again)

skypilot

Redx wrote: »

adapt the letter in posts #7 to #10 here https://forums.moneysavingexpert.com/discussion/4913744

their case is similar to yours and same PPC

so copy and paste into notepad, make the suggested changes and spelling changes etc, then post on here using copy and paste for checking again

maybe the wording can then be linked in the NEWBIES thread for others with the same issue (saves typing it out again)

Thank you.Off to work now so will follow up later.

Folkiedave

If it is of any help I have just sent this to them.

It is clear you have chosen to ignore my first appeal as registered keeper regarding the above Parking Charge Notice.

This then is my second appeal. According to my understanding this should not have been necessary. However you may care to note research for this and associated matters have taken up a further three hours @ £18.00 per hour. For the two letters sent so far a total of five hours.

It is the registered keeper's assertion that :

1. The charge is not a genuine pre-estimate of loss.
2. The signage does not conform to the BPA CoP to which VCS has committed.
3. VCS has no authority to issue charges over the land in question.

As such the charge is rejected. You should now either cancel said charge or provide a POPLA code for the registered keeper to appeal to the independent adjudicator.

I believe 14 (fourteen) days to be sufficient for you to do this. Allowing for time in the post, If I have not received a reply by Saturday May 10th I shall consider the matter closed.

Any further correspondence other than confirmation of cancellation or a POPLA code will be considered harassment and will result in legal action being taken against you.


The first letter told them I would charge them for my time should they to win this (which they won't). I will make a civil claim for my time.

I have already submitted a complaint to the DVLA (which of course they passed on the the BPA Ltd who have done precisely nothing so far - not even the courtesy of a reply.

Folkiedave

Should be "should they fail to win this - they won't"

Sorry!

Coupon-mad

skypilot wrote: »

Thanks for your reply.However, I'am struggling here to find the correct info and putting together a meaningful letter. I have clearly misunderstood some of the replies which unless you are really on top of your brief is easy to do.
Some of the replies are simple one liners and not always useful to those who are not as informed as you and other members who have a better grasp of the correct info and procedures.
Hence the reason for the draft letter to ensure I was on the right track.

Don't worry - Nigel wasn't replying to you at that point. You weren't to know that issue about 'losing keeper liability' wasn't actually true. Your letter is fine!