Napier parking,Willen lakes

bazster

Incidentally, I agree, I couldn't immediately spot any POFA defects in the notice.

Coupon-mad

husheechee wrote: »

Hi,Ive had a good look at the NTK I posted above and I'm not to sure that I can see any discrepancies but I am now about to post my initial appeal to the PPC based on the template letter as posted on the newbies sticky ie not naming the driver but as the registered keeper and requesting a POPLA code.

Before I post my appeal
am I right in thinking that this is the correct initial approach in the first instance?
Many thanks
H

Yep do that - and Google the Willen Lakes parking t&cs, read them and be ready to quote them to POPLA, later on, to show the charge is for breach. Also nice to see Napier's NTK does confirm the charge is for breach of contract which means they have to show a GPEOL.

husheechee

Spot on C.M ! the NTK does indeed make it quite clear that the "offence" was for a breach and Na**?r clearly state this on their on site signage with exactly the same wording !
Appeal posted and will await their refusal/reply.
Many thanks. (have removed images)
H

husheechee

Hi all,I thought I may have had some news but so far Ive had no reply from nappy'r,so no popla code issued,Is there a time limit for them to actually reply or issue a code?
Its been approx 55 days and counting since initial appeal,should I write to them and tell them that they have run out of time to respond?
Husheechee

Coupon-mad

I wouldn't rattle their cage - N.pppier have won a couple of POPLA cases with an interesting take on a duplicated £2K spend on legal advice which they say they spend for every 'forum case' yet the barrister's invoice is the same one (same ref) every time. i.e. it's one lot of legal advice obtained once, yet quoted as being 'costs for this case' or words to that effect.

POPLA are swallowing it, as if it's true or something...as if the sums add up or something. I think they are not very good at Maths and are impressed by the barrister.

Tell you what might work. A video showing that you don't actually pass a readable sign when you drive in and park where the driver did. There are places at the edges of those WL car parks with no signs, except in the far background, sideways on to a completely different run of bays. Yet POPLA reckon that's in proximity.

Cross your fingers not to get Farah Ahmad (or Amy Riley) as the Assessor if you get to POPLA stage.

husheechee

Meant to add this....I had a letter delivered that had the incorrect postage paid so I went to the local office to see who may have sent it but there was no return address on the letter so I refused to pay the £1.20 underpaid postage (I wasn't allowed to open the letter unless I paid first)so I left it with the P.O to deal with,It was a couple of weeks after my appeal.....I'm just wondering...would nappy'r have sent this?..that would be a bit cheeky of them...hmmm

husheechee

Thanks CM...I don't really want to write to them but I was just wondering how long they may have to reply....Is there a timescale?
All in all a pretty devious bunch and that's why I mentioned the underpaid letter...I wouldn't put it past these sort of scumbags

Coupon-mad

Hmmm... it's difficult to say. They do normally reply but on balance I would NOT rattle their cage right now. They 'should' reply to an appeal within 35 days but that's not set in stone. I reckon they will reply to you this month, and I would expect to lose at POPLA unless you can get the proof of lack of signs perhaps, because that was an issue in the other cases and N.pppier don't send a site map of signs, so it's a potentially winnable point the other appellants didn't show a video to shift the balance in their favour. They had strong appeal points too so they didn't think a video of lack of signs was needed (it was). Trouble is the cases lost were both really similar to yours with an 'initial loss' which Farah Ahmad decided meant that they could then claim for any old thing bunged into a table of costs.

husheechee

Hi C.M sorry I only just picked up your message as ive been away on holiday,I will indeed get back to you with the info you requested.
Furthermore I have just got a letter from D.R.P*** demanding an unpaid parking charge from N***ir!!!
I put in the normal first response appeal and have heard nothing from N***ir until D.P.R sent their demand, seems like N***ir are now not issuing a popla code as requested in the first appeal....hmmm.
I wonder if this was anything to do with the letter I received earlier this month with unpaid postage...are they that sly?
I've not come across this before..what would you advise?
Regards
H

bazster

Time to complain to BPA Ltd. that Naffier is pursuing you for payment despite not responding to your appeal in the prescribed timescale and despite not giving you the opportunity to appeal to PoPLA. You might mention the letter which was not postage paid and for which you refused to pay (do you still have the Post Office card?), and point out that, according to the Interpretation Act 1978, documents can only be presumed served by post if they were properly addressed with postage paid.

You might also write to Naffier stating that since they did not respond to your appeal within the prescribed timescale you deem your appeal accepted and the matter closed. You could make a similar point about underpaid postage.