Appeal Rejected

Goodnews

Hi,

First apologies as this as this issue may have been fully. However I have strugged to find an appropriate response for from previous posts.

Basically I have received a response to an appeal as below (from Excel Parking), highlighting the main facts as below.

They have highlighted the following points
- Aware of anecdotal information being presented via the internet
- Strongly suggested I take legal advice
- PCN amount a reasonable charge for liquidated damages in respect of a breach of parking contract, and not a ‘penalty’. A genuine pre-estimate of costs.
- Maintain that signs are clearly visible
- Reference to outcome of case: Parking Eye v. Mr Kevin Shelly 2013
- Maintain they have a contract with the landowner, but due to contract being commercially sensitive are unable to provide detail
- In regards to their letters being deemed as harassment, they refer to section 40 of the Administration of Act 1970.
- Court actioned and further costs threatened if payment not made.

In my appeal letter I requested for a POPLA code which they have completely ignored and made no reference to in their response. The template response I have letter I have seen appears to be for use for threatened to be moved to debt collection agency. Is there any letter just for insisting on them providing a POPLA code. I think also it is worthy of note that they have indicated this is a breach of contract (not terms and conditions), and also not a penalty!

Any help most welcome.

Redx

ok, now you have your own thread , read and follow the advice in the NEWBIES sticky thread below the green banner

in your case, specifically post #6 , where you complain to the BPA and DVLA , asap, with copies of YOUR PPC APPEAL and the drivel you got back from EXCEL , especially as you asked for a popla code and none received

but double check all your paperwork for this popla code, including any popla paperwork if they sent any, as its on there too (10 digits) before doing so, as many people have missed it

pps:- they usually send 2 back, one denying the appeal as far as you claiming back costs etc, and one accepting or denying the actual appeal, and giving a popla code if its denied

Goodnews

Thanks very much Redx, will go through paperwork again.

Redx

I believe you have their response to the issue of claiming back costs from them , but do not have the response to the actual appeal, but I may be wrong on this, hence checking what they have replied to and why

Goodnews

Thanks again. I have now checked paperwork. They have stated that should the appeal to them (Excel Parking) be unsuccessful they'll send relevant details of the POPLA appeals process. However no details of POPLA including the POPLA code was included in their response.

Redx

sounds like their response to you was what I said , denial of the latter part of the template appeal (you claiming from them if successful)

therefore you havent had the appeal rejection or cancellation letter yet

bod1467

I'm confused. Have you basically sent the template appeal to Excel, and they have rejected the appeal but not actually provided a POPLA code? (i.e. you have NOT received court papers or a letter before claim?)

If so simply respond to them that they MUST furnish a POPLA code when rejecting an appeal, and that you will be complaining to BPA, DVLA etc. about their breach of the BPA code of practice and their KADOE contract with the DVLA. (This is a typical stalling tactic employed by some PPCs, which is a breach of the BPA CoP).

Goodnews

Yes it appears so. However the contravention was back in April, but my appeal letter to them was in July. They didn't acknowledge the fact that I was appealing in their response. So no mention about being too late to appeal, only to have payment made by a certain date, otherwise may incur further costs and court action.

Redx

I still dont think they have actually considered the appeal part of his appeal letter, just the rejection of the counter claim in the old template letter, possibly an automated response if the appeal was made online, partly becasue this is in the response

- In regards to their letters being deemed as harassment, they refer to section 40 of the Administration of Act 1970.

they used to issue something like this to our old template letter

Goodnews

Hi bod1467,

Exactly what you have described except that (as mentioned above) no actual using of the word reject or decline your appeal

Goodnews

I posted the letter to them.