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Missed POPLA appeal opportunity?
WiggosChops
Posts: 4 Newbie
My car was issued with a PCN in late 2013, for "parking in a restricted area" of a residential car park for which I have a permit that was on display in the vehicle.
I'll apologise in advance as I realise now that I've made at least a couple of errors without which I might be rid of this already but at the time I was unsure whether to ignore or not
Here's a rough breakdown of events
I am the Registered Keeper of the vehicle but did not identify myself as such in the appeal letter. The appeal response stated that the vehicle was witnessed being parked for 8 minutes without any loading or unloading occurring.
I'm now considering responding to the solicitors letter (suspect sent by debt collectors) to make it clear I deny there is any debt and to call their bluff about court action, but am worried that my failure to appeal to POPLA within their time limits could now count against me in court.
I realise now that simply appealing on grounds of no GPEOL would probably have been the right way to go - £100 charge for 10 mins parked in a free car park surely can't be argued as being appropriate?
Any help much appreciated, thanks
I'll apologise in advance as I realise now that I've made at least a couple of errors without which I might be rid of this already but at the time I was unsure whether to ignore or not
Here's a rough breakdown of events
- Car parked for 10 minutes in loading/unloading area
- PCN completed without driver in attendance
- PCN handed to driver by attendant on return to vehicle
- Appeal letter sent to PPC 2 weeks after PCN
- Appealed on grounds of mitigating circumstances / ambiguous signage and inappropriately excessive fine
- Appeal rejected 1 month later. POPLA forms enclosed
- All further correspondence ignored for several months
- Debt collection letters ignored
- "Solicitors" letter received threatening County Court action
I am the Registered Keeper of the vehicle but did not identify myself as such in the appeal letter. The appeal response stated that the vehicle was witnessed being parked for 8 minutes without any loading or unloading occurring.
I'm now considering responding to the solicitors letter (suspect sent by debt collectors) to make it clear I deny there is any debt and to call their bluff about court action, but am worried that my failure to appeal to POPLA within their time limits could now count against me in court.
I realise now that simply appealing on grounds of no GPEOL would probably have been the right way to go - £100 charge for 10 mins parked in a free car park surely can't be argued as being appropriate?
Any help much appreciated, thanks
0
Comments
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I agree you missed the golden opportunity to kill this at popla if they gave you that code, it was only valid for 28 days
not using popla will not go against you in court, you can just say you didnt realise what it was as its so new , you can also agree to let the judge let you use it as an ADR now you know what it is and hope the judge agrees to it
other than do as you said above, plus try to get a landowner cancellation, there is little else you can do as you are now having to react to their actions, like a puppet on a string
note:- they can pursue this for up to 6 years, including in small claims court (MCOL)0 -
What PPC ???Je suis Charlie.0
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Vehichle Control Services0
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VCS according to his post in here https://forums.moneysavingexpert.com/discussion/5023196 but he has failed to give those other details in this thread0
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I agree you missed the golden opportunity to kill this at popla if they gave you that code, it was only valid for 28 days
not using popla will not go against you in court, you can just say you didnt realise what it was as its so new , you can also agree to let the judge let you use it as an ADR now you know what it is and hope the judge agrees to it
other than do as you said above, plus try to get a landowner cancellation, there is little else you can do as you are now having to react to their actions, like a puppet on a string
note:- they can pursue this for up to 6 years, including in small claims court (MCOL)
cheers yeah I need to find out who owns the land0 -
VCS only rarely try small claims, can't recall one since the toothbrush moment! A must read!
http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)
So calm down and if you get actual court papers then bump this thread because we help people defend cases too.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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