Appeal Rejected

Redx

this thread title says , and I quote

Appeal Rejected

yet nowhere in what you have said or read does it state they have actually rejected your appeal

so its not a rejection according to what you are now saying, but rebuttals of various issues they used to send out as a reply to the previous template letter on here

unless I am mistaken ?

so this is what you have said

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.

so from that it appears they are still considering your appeal

Goodnews

You are right Redx. Yep no outright rejection, just rebuttals.

Goodnews

Sorry about the confusion, the bit about sending POPLA details should appeal be unsuccessful was stated on the 'Liability Notice'. The response to my appeal letter did not include this.

Redx

so it could be they havent actually done anything about your appeal because its very late, in which case you cannot force a popla code out of them if thats what you were after

good try, but a failure nevertheless

cannot complain to the BPA or the DVLA if you appealed later then the 28 day appeal window as they will throw it straight back at you

have to see what happens next, but keep copies of all paperwork

Goodnews

The appeal template I used is the one under the Too Late to Appeal? sub section, to see if I can still get a POPLA code.

The actual driver on the day of the contravention has not been declared yet. Would it be of use now declaring the driver details. Also would it be worthwhile insisting on a POPLA code as they haven't acknowledged my request of it at all?. Big dilemma!!

Redx

I just checked the 2 links and there are several letters in the 2 links so no idea which one you used

if there was no windscreen ticket you can try resetting the clock by naming the driver if you wish, but they may still not do anything about it as they may ignore this even though you will have complied with POFA 2012

AS YOU APPEALED LATE, YOU CANNOT INSIST ON A POPLA CODE FOR YOUR APPEAL

the appeal should have been made within 28 days of the pcn, so it "ran out" about the end of may , this is also when the time ran out for you to insist on a popla code

ie:- MAY , not JULY

Goodnews

Thanks Redx, does this mean there is no way out of the situation? Just haven't got £100 at all.

ampersand

op - just a short, simple answer please:

' However the contravention was back in April, but my appeal letter to them was in July. '

Why?
#
I see nothing in earlier posts.

Redx

difficult to say, never say never, you may win in court if they issue an MCOL

you may be able to get a pcn in the drivers name and then appeal it WITHIN THE 28 DAYS so that they have to cancel or give the driver a popla code

you may be able to get the landowner to cancel it

you may be able to force them to ADR by POPLA in the court stages if an MCOL was issued or even in any LBC stage too

so many IFS and BUTS to consider before anyone could answer your question

up to now you have misled the members here, me included, because you have said an appeal was rejected (it wasnt) , it implied you had appealed within the requisite 28 days using the template letter (but now you say it was a G24 or CEL letter from lower down the newbies thread)

you have tried to invoke popla but failed to send in the appeal within 28 days of the original pcn (even though I am sure it told you how to appeal on that original pcn, maybe within 28 days too)

trying to turn back the clock is almost impossible, yet you are trying to do so , but it appears excel are wise to your out of date appeal

so the choice is yours , either to await DC letters or an LBC or an MCOL , or to name the driver and absolve yourself under pofa2012 , hoping the driver will receive a pcn and then appeal it correctly this time

doesnt really matter if you can afford £100 or not, as they wont give up without a fight and costs go up if an MCOL is issued - you have no say in the matter whilst an alleged debt is outstanding

Goodnews

Hi Redx,

Thanks for your detailed response. Just to be clear, there was not attempt or intention on my part to mislead the forum in any way shape or form. Leaving out that the appeal was after 28 days was not intentional.

So apologies if anyone feels they have been mislead, not so.

Thank you to all who have responded.