CPP ignored my soft appeal?

Kamran

Dear all,

A driver of my vehicle parked in work's private car park (hospital) and received 3 tickets from CPP. I received the NTK through the post and followed the site instructions and did a soft appeal.

I today received a letter (looks a bit generic) from Car Parking Partnernship (CPP) that looks to have acknowledged but totally ignored my soft appeal.

"Thank you for your letter...
You were required to eother pay, provide driver details or make a representation...
You did none of the above.
It's too late to supply the driver name now or make a representation...
You are requested to pay the amount still standing (£100 x3) by no later than 14 days...
CPP is now not able to accept an appeal and will not enter to any further correspondence..."

etc.

So I'm a bit unsure as to how to proceed. They haven't sent me any codes or further information that was requested in the soft appeal..?

Thanks very much!:T

pogofish

PPCs mostly reject appeals out of hand - its to the detriment of moneymaking.

Start by reading the Newbies Sticky at the top of this forum carefully - it outlines why you need to do now to see them off and if they have not sent you a POPLA code, a strong challenge and complaint to the BPA is in order.

Dee140157

What you should do now is complain to the BPA that CPP have ignored your appeal and failed to reject the appeal and send you a POPLA code, or have not cancelled the PCN.

Copy the email to CPP with the evidence you have of putting in the appeal (proof of posting, screenshot or email auto response) if you have it and demand a POPLA code from them.

Coupon-mad

Kamran please edit the word after 'Dear all' in your first post above! Change it to 'A driver of my car'.


And as well as emailing complaints to the BPA and DVLA, reply again to the PPC and say:

The letter I sent WAS my representation against the PCN. It is not for you to say what basis my challenge has to follow, nor is it within your remit to pretend a letter wasn't a challenge and therefore to reply without a POPLA code. I would remind you that months ago, the BPA and DVLA joined forces to remind rogue PPCs that:

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 “

So are you a rogue PPC? Or are you going to now send me 3 POPLA codes as you should have done, all along? I will be sharing your reply with Steve Clark of the BPA as I am making a formal complaint about your handling of my challenge.

Kamran

Coupon-mad wrote: »

Kamran please edit the word after 'Dear all' in your first post above! Change it to 'A driver of my car'.


And as well as emailing complaints to the BPA and DVLA, reply again to the PPC and say:

The letter I sent WAS my representation against the PCN. It is not for you to say what basis my challenge has to follow, nor is it within your remit to pretend a letter wasn't a challenge and therefore to reply without a POPLA code. I would remind you that months ago, the BPA and DVLA joined forces to remind rogue PPCs that:

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 “

So are you a rogue PPC? Or are you going to now send me 3 POPLA codes as you should have done, all along? I will be sharing your reply with Steve Clark of the BPA as I am making a formal complaint about your handling of my challenge.

Thanks so much for this!

Kamran

Coupon-mad wrote: »

And as well as emailing complaints to the BPA and DVLA, reply again to the PPC and say:

The letter I sent WAS my representation against the PCN. It is not for you to say what basis my challenge has to follow, nor is it within your remit to pretend a letter wasn't a challenge and therefore to reply without a POPLA code. I would remind you that months ago, the BPA and DVLA joined forces to remind rogue PPCs that:

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 “

So are you a rogue PPC? Or are you going to now send me 3 POPLA codes as you should have done, all along? I will be sharing your reply with Steve Clark of the BPA as I am making a formal complaint about your handling of my challenge.

I acknowledge receipt of your correspondence and I also note that you acknowledged receipt of my correspondence. The letter I sent WAS my representation against the PCN. It is not for you to say what basis my challenge has to follow, nor is it within your remit to pretend a letter wasn't a challenge and therefore to reply without a POPLA code. I would remind you that months ago, the BPA and DVLA joined forces to remind rogue PPCs that:

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

So are you a rogue PPC? Or are you going to now send me 3 POPLA codes as you should have done, all along? I will be sharing your reply with Steve Clark of the BPA as I am making a formal complaint about your handling of my challenge.

I strongly urge you to cancel the invoices immediately to avoid further action.

Yours,

Kamran

They've sent a similar letter to before - simply stating that they acknowledge my letter, say that it's too late for an appeal, that I must pay the amount by a certain date etc.

Furthermore I received a letter that "looks" to be from a debt collection agency.

As per advice in the forum - I should ignore the latter, and write another (similar) letter to CPP explaining that I did appeal, and that they must either send my POPLA codes or cancel the charge - correct?

Thanks!

Kamran wrote: »

I acknowledge receipt of your correspondence and I also note that you acknowledged receipt of my correspondence. The letter I sent WAS my representation against the PCN. It is not for you to say what basis my challenge has to follow, nor is it within your remit to pretend a letter wasn't a challenge and therefore to reply without a POPLA code. I would remind you that months ago, the BPA and DVLA joined forces to remind rogue PPCs that:

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

So are you a rogue PPC? Or are you going to now send me 3 POPLA codes as you should have done, all along? I will be sharing your reply with Steve Clark of the BPA as I am making a formal complaint about your handling of my challenge.

I strongly urge you to cancel the invoices immediately to avoid further action.

Yours,

The_Slithy_Tove

Have you complained to the BPA yet? If not, now is the time to do so, attaching copies of all correspondence.

BTW, what was the nature of your initial "soft" appeals, that CPP determined they were not appeals/challenges?

Kamran

The_Slithy_Tove wrote: »

Have you complained to the BPA yet? If not, now is the time to do so, attaching copies of all correspondence.

BTW, what was the nature of your initial "soft" appeals, that CPP determined they were not appeals/challenges?

I shall be doing the complaint letter shortly. The soft appeal was something along the lines of the following (see below). I then received my first rejection letter but they didn't give me any POPLA codes etc - simply stated that they acknowlege my letter etc etc and that I had to pay. Hence the reply as seen in an earlier post in this thread, and then another similar rejection to the first they sent.

Presumably the next step would be to send a repeat letter as I sent last time.

Below is similar to what I sent in my soft appeal. Thanks!

Bloggs PPC
Anystreet
Anytown


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on the following grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is an unrecoverable penalty and not commercially justified.
b). The signage is insufficient, the risk of a charge is not transparent and the wording is ambiguous.
c). There is no evidence that you have any proprietary interest in the land.
d). Your written 'notice' fails to comply with the POFA 2012.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

The purpose of this communication is threefold:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn in the absence of evidence. As such, you must either rely on the POFA 2012 or cancel the charge if you cannot claim keeper liability. Please uphold this challenge or send a rejection letter, so I can escalate this appeal to the independent appeal service offered by your Trade Body.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal costs. Equally, I have incurred costs to date, for researching the law, reading your Notice and responding, despite a lack of contract. I calculate both my costs and yours to be under £15 at this early stage, therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my expenses.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged contract which was never properly offered or explained by you. The charge is not acknowledged, is not due and no 'service' from you was ever expressly requested by the driver or by me. Neither the driver nor myself gave 'prior express consent' or any consent at all for the alleged contract and it is not for me to reimburse you for foisting an unexpected and non-negotiated contract upon any driver of my vehicle. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - your IAS or POPLA, then the contract still ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies.

As well as not meeting the requirements of the POFA 2012, it is my view that you have breached the Consumer Contracts (Information, Cancellation and Additional Payments) Regs 2013. In replying, you will also be acknowledging receipt and understanding of points 2 and 3 above. Where sent by post I have obtained proof of posting; where submitted online/by email it is deemed received by you unless proved otherwise. I look forward to your considered reply within 35 days.

Yours faithfully


{the registered keeper's name}

Coupon-mad

OK so complain by email to the BPA (see post #6 of the Newbies thread for email addy). Don't call it your 'soft appeal' nor imply who was driving nor talk about any PCN.

Have you appealed against all 3 PCNs?

Kamran

Coupon-mad wrote: »

OK so complain by email to the BPA (see post #6 of the Newbies thread for email addy). Don't call it your 'soft appeal' nor imply who was driving nor talk about any PCN.

Have you appealed against all 3 PCNs?

Yes - I sent one letter that made clear all 3 PCNs, and I have always received three letters in response to my one, every time.

I have had a chance to compare, and the letter I received in response to the "soft appeal" back in september is IDENTICAL (verbatim) to the one I received in October. They've clearly received my letter informing them that I shall not name the drive, that they should cancel, there is no genuine pre-estimate of loss etc etc, I want a POPLA code, and they've clearly ignored it, and just sent a repeat letter saying that it's too late to appeal etc.

The only new letters were 1) thanks for your correspondence. Your case has now been transferred to our debt collection agency (ICC) and 2) a pink letter from ICC that seems similar to many other floating around the internet.

I suppose my question is that given that CPP have refused to answer any of my points or give me a POPLA code, do I a) ignore these 2 letters (1 informing me that case transferred to ICC and 2nd from ICC themselves), or 2) do I write an identical letter back to CPP/ICC and tell them that they should either give me a POPLA code or stop sending letters.

My instinct says the latter, but any help would be grateful!