Parking Charge from PCS - received 6 months after?!

Redx

wait to hear from the PPC and/or the BPA , and continue to ignore any debt collector letters

the only other things you should not ignore are an LBC or MCOL from the PPC or the landowner

so as this COULD go on for 6 years, bed in for the long haul UNLESS the BPA manage to get the PPC to issue a popla code

LillyJo

Redx wrote: »

wait to hear from the PPC and/or the BPA , and continue to ignore any debt collector letters

the only other things you should not ignore are an LBC or MCOL from the PPC or the landowner

so as this COULD go on for 6 years, bed in for the long haul UNLESS the BPA manage to get the PPC to issue a popla code

I don't understand why I am not receiving a response from the PPC by now, having already sent appeal letter by post and email. And why shouldn't I not get a POPLA code? So there's no point in also sending appeal letter to PCS?

EnigmaPart1

its typical of PCS

Dont worry happens a lot

LillyJo

Redx wrote: »

wait to hear from the PPC and/or the BPA , and continue to ignore any debt collector letters

the only other things you should not ignore are an LBC or MCOL from the PPC or the landowner

so as this COULD go on for 6 years, bed in for the long haul UNLESS the BPA manage to get the PPC to issue a popla code

After complaining to BPA about COP breach, the BPA told me they had written to A M Parking and were waiting a response.

Have now received a letter from DRP (sorry to mention their filthy name) who tell me I'm too late to appeal, timescale has elapsed, and no POPLA code will be issued. I know I did appeal in time (within 28 days) and am entitled to it = breach of COP.

They haven't made any response to the fact I deny liability as I am only the RK of vehicle.

Nor anything about the PCN being issued 178 days after incident.
They say it was correctly and legitimately issued.

Re landowners authority - they are not obligated to provide me with either the landowners contact details or a copy of agreement made between their client and landowner.

They tell me the amount charged (initially £120 and now increased to £150) is within what the BPA seems reasonable (have already raised this with BPA).

They state that the ruling made in Parking Eye Ltd vs Beavis and Wardley where it was ruled that charges incurred were enforceable.

And so now pay up.... blah blah blah...

I was expecting the answers to my appeal letter would not come from DRP but the PPC.... so should I still ignore this?

I have also contacted BPA again detailing the various COP breaches that have been made, as well as saying I am entitled to POPLA appeal - so should I just wait for BPA to advise me?

Coupon-mad

Chase up the BPA and send them a copy of the latest drivel.

LillyJo

Coupon-mad wrote: »

Chase up the BPA and send them a copy of the latest drivel.

BPA have clarified that the PPC are not using POFA 12 so the bits about timescale breaches aren't applicable. So they now tell me to follow the appeals process?! I have already pointed out several other COP breaches to BPA who don't seem to want to deal with these.

Still no rejection letter or POPLA code issued - what do I do now?

LillyJo

So if a PPC isn't going down the POFA 12 route, how does it work that they can only pursue driver for a PCN? Just want to clarify who legislates this?

Coupon-mad

Who legislates it? You have it back to front, it's the other way around and very simple when you think about contracts:

(a) - only the driver has (arguably) entered any alleged contract

(b) - but if a PPC complied with POFA they can shift the liability to the keeper.

So in your case (b) didn't happen, so that leaves the PPC with (a) just as any firm would be if they were alleging a contract existed, they can only take it up with the party concerned! You couldn't have a milkman trying to allege 'owner liability' against a house owner if the milk bill wasn't paid by a tenant! Or try this analogy = your neighbour can't be held liable for your unpaid paper bill if the local corner shop can't find you! It's basic stuff, nothing complicated.

Anyway I don't understand - surely the complaint to the BPA is that the PPC didn't send the keeper a POPLA code? The keeper appealed in time did they? If so then the PPC had to consider the appeal and send a rejection letter & POPLA code. COMPLAIN AGAIN TO GEMMA OR STEVE AT THE BPA.


POPLA is not POFA. The fact a PPC isn't using POFA doesn't mean a keeper can't use POPLA!

LillyJo

Coupon-mad wrote: »

Who legislates it? You have it back to front, it's the other way around and very simple when you think about contracts:

(a) - only the driver has (arguably) entered any alleged contract

(b) - but if a PPC complied with POFA they can shift the liability to the keeper.

So in your case (b) didn't happen, so that leaves the PPC with (a) just as any firm would be if they were alleging a contract existed, they can only take it up with the party concerned! You couldn't have a milkman trying to allege 'owner liability' against a house owner if the milk bill wasn't paid by a tenant! Or try this analogy = your neighbour can't be held liable for your unpaid paper bill if the local corner shop can't find you! It's basic stuff, nothing complicated.

Anyway I don't understand - surely the complaint to the BPA is that the PPC didn't send the keeper a POPLA code? The keeper appealed in time did they? If so then the PPC had to consider the appeal and send a rejection letter & POPLA code. COMPLAIN AGAIN TO GEMMA OR STEVE AT THE BPA.


POPLA is not POFA. The fact a PPC isn't using POFA doesn't mean a keeper can't use POPLA!

Hi C-M

Many thanks for getting back to me. Yes, I get the analogy you explained. I sent the appeal template letter when I received the first letter (Notice to Owner). Have received no acknowledgement or response except for DRP letters. I have complained to BPA about several breaches of their COP, as well as not getting a POPLA code. I've been dealing with Peter, not Steve or Gemma.

prosnap

Did you get proof of posting for the appeal to the PC?