parkingeye

Umkomaas

Right, go back to them and state you have put forward your appeal in the first correspondence; now they must either cancel the charge or reject your appeal and forward a POPLA code. Do not inadvertently indicate who the driver was - especially important at this stage.

In parallel, make a strong complaint to the BPA and the DVLA as both organisations have warned PPCs that the must not make motorists jump through hoops (via protracted correspondence exchange) in order to get a POPLA code.

Here is a synopsis of what they said:

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Email addresses for complaints in the NEWBIES sticky, post #6.

HTH

tom63uk

Thank you will get on with that now.

Coupon-mad

tom63uk wrote: »

i copied the letter off the sticky thread for parkingeye

Did you send it within 28 days of the NTK? You won't get POPLA after a late appeal, which is simply done rather than ignoring the situation (a late appeal doesn't get a POPLA code). If you appealed in good time then complain to the BPA as per post #6 of the Newbies thread.

tom63uk

Yes I sent it within 2 days of receiving it

tom63uk

I have been refused popla code as it was in scotland but do not see any where about registered keeper liability. Not sure what to do now. can anyone give advice or point me to a sticky please

Guys_Dad

If no POPLA as it was in Scotland, then no POFA either. That means no keeper liability.

Now as long as your appeal to them didn't have any admission of you driving, then they can't pursue as keeper.

I would write to them saying that as it was in Scotland and as they confirm POPLA is not relevant, then keeper liability is not applicable.

As you were not driving, then you are not liable and decline to name the driver, as is your right.

Invite them to withdraw the charge.

Simple as that - as long as you have not admitted driving!

tom63uk

Always used the term registered keeper so hopefully this will help. What other options do they have if they refuse has anyone been that far. Than you for the reply

Guys_Dad

Taking you to court.

tom63uk

Is the no keeper liability right in Scotland has anyone come across this and won

Coupon-mad

tom63uk wrote: »

Is the no keeper liability right in Scotland has anyone come across this and won

What? No-one 'loses' over a Scotland case, Tom!

If you mean is there no keeper liability in Scotland - no there isn't. You are safe! You could find that just by searching the forum for 'Scotland' as a keyword!

TBH I am not sure this is right - I think the PPC should have cancelled the PCN or issued a POPLA code. Did the PCN offer POPLA on the back?

In my view, my first thoughts are that, if the PCN offered POPLA in the small print then they have no choice and it's exactly like the cases where people argue it's not 'relevant land'. Your argument is the same! Also, POPLA made loads of early decisions about pre-POFA cases where the POFA didn't apply due to the DATE of the event, so what's the difference?

I would ask the BPA and DVLA, by email (not ask them if there is keeper liability, of course there isn't!). Ask them if this PPC should have issued a POPLA code as you live in England, and it just so happens the event was in Scotland so 'not relevant land'. Point out to them if the PCN offered POPLA, and point out that POLA used to make decisions about pre-POFA cases in the early days so how is this any different? Be careful NOT to imply who was driving so no talk of the parking event.