Rejection letter late, so no POPLA

laertes

I appealed a Private Parking Charge Notice by email earlier this year. I got the automated response.
The next communication was over two months later and it informed me that as my appeal had been rejected and I had refused to pay and had decided not to go to POPLA ( Parking On Private Land Appeals ), then court proceedings etc would follow.
I wrote to the issuer asking where the rejection letter was as I had received nothing since my initial appeal.
They then sent a copy of the rejection letter and a POPLA code.
I appealed to POPLA. POPLA rejected my appeal as it was over 28 days after the rejection even though I explained the late arrival of the rejection letter.

I had thought my initial appeal had been successful as I had heard nothing for so long.

Any pointers / opinions / similar experiences?

waamo

Which PPC is this? Some of them have "form" for this behaviour.

gertysingh

Complain straight to the BPA and DVLA. They have breached POFA and the BPA's own code of practice.

Also read the newbies sticky at the top of this forum for more advice.

gertysingh

In addition I would cite the Harassment Act (http://www.legislation.gov.uk/ukpga/1997/40/pdfs/ukpga_19970040_en.pdf) and ask the PPC for proof that they had posted their previous so called original rejection letter to your address. If they are unable to provide proof of sending the letter, then you will report them for harassment and intimidation under the Harassment Act.

p.s. I am not legally trained.

laertes

Vehicle Control Services Limited and Excel. I think they belong to the same organisation?

gertysingh

This thread might help you: https://forums.moneysavingexpert.com/discussion/5025646

waamo

I agree complain to the BPA and insist on a valid POPLA code.

laertes

Update.
POPLA will not assess an appeal if it is over the allowed time, even though the rejection letter was received over two months after the initial rejection.
This has been clarified to me by an Assessor and Senior Assessor.
Seems too easy to lose the ability to appeal due to the mysterious disappearing appeal rejection letter.
I have received all the other communications, but not the one I actually wanted....until it was too late.
I wonder how common this is.

Redx

quite common

in any case, what has happened to your complaints to the DVLA and the BPA about this case seeing as you were advised to do so ?

have you complained to your MP ? (like I have)

have you complained to anyone else ? (if so what have they said ?)

Nodding_Donkey

laertes wrote: »

Update.
POPLA will not assess an appeal if it is over the allowed time, even though the rejection letter was received over two months after the initial rejection.
This has been clarified to me by an Assessor and Senior Assessor.
Seems too easy to lose the ability to appeal due to the mysterious disappearing appeal rejection letter.
I have received all the other communications, but not the one I actually wanted....until it was too late.
I wonder how common this is.

I think you asked POPLA the wrong question. They WILL hear an appeal at any time provided it is accompanied by a valid POPLA code. You didn't receive a code, that is why you need to complain to the BPA and DVLA.