PE ticket at Morrisons

fatboyslim

So got a PCN from Parking Eye for an alleged overstay at Morrisons in Belper apparently the car was there for 2 hrs 50 mins
max time allowed is 2 hours
I know I wasn't there that long,what happened is I dropped the mrs off in town then went to Morrisons and bought some cigarettes then left so total time was probably around 10-15 mins
I went back into town and parked somewhere else and met up with her,after around an hour wandering around she decides we need to go to Morrisons to get some bits before we come home
(We don't live in Belper,we live near Sleaford in Lincolnshire 68 miles away,but she has family out that way who we'd been visiting)
so we go to morrisons and get some bits this takes us roughly an hour,go back to the car and leave

About a week later comes the PCN so I do some reading and send an appeal to PE using their online site
The event date is 18/07/2014
PCN issue date is 23/07/2014
The date of my appeal is 26/07/2014
I used the template letter from this site and added a bit explaining that I thought the ANPR was incorrect due to the above
Around 2 weeks later I get a reply from PE basically saying referred for further information telling me that they still require the drivers name and addy,another letter in the same envelope dismisses the claim of non-GPEOL due to the Cambridge case
NO mention about my ANPR concerns
So I ring PE and basically tell them they haven't looked at my appeal correctly as there is no mention of the ANPR
The guy I'm speaking to says to re submit my appeal and highlight the fact they missed my concerns about the ANPR
So I re submitted on the 07/08/2014 I hears nothing till yesterday and I get a letter from PE which is exactly the saem as the first letter barring one paragraph which has been changed from 'reffered for further info' to 'We've rejected your appeal' and again it only states about GPEOL and the cambridge case,NO mention again about my ANPR concerns
Anyways bless PE they've given me a code and a form to fill in for a POPLA appeal,only problem is the letter and POPLA forms are dated 13/08/2014 and I only received them yesterday which was 20/09/2014 which means I've missed the 28 day window by 10 DAYS!!
So by my reckoning that's 38 days before I received their reply
so basically I have two questions
1) Does the 38 day wait mean they have exceeded the limit for replying to my appeal meaning it can't now be pursued??
2) Can I still appeal through POPLA?
Problem is the date is only on PEs letters,there is no frank marks on the envelope just some funny looking barcodes and codes opposite them made up of three letters and six numbers which as far asI can tell don't pertain to dates,so I'd have a hard time proving anything other than the fact my mrs saw me open the letter

sorry to have waffled on a bit,but any help is appreciated as PE have royally PEed me off!!

Umkomaas

Check your POPLA code here first. It's not usual for PE to play silly beggars with delaying the issue of POPLA codes.

http://www.parkingcowboys.co.uk/popla-code-checker/

Redx

if you are correct and have checked the popla code is out if time, using the parking cowboys checker, then copy all paperwork and report the various breaches to the BPA by email today

give them copies of the paperwork and the timeline, no need to say what happened except that the DRIVER visited twice so the contravention did not take place

the main points to complain about are any CoP breaches, plus complain about the lack of popla code in the first reply, then complain its now out of time with the second reply

at the moment, you cannot use the out of time popla code, so no , not if its expired, which is why you need to check it

they have 35 days to make these decisions after an appeal is made, but the popla code should start with the date of the second reply and last 28 days

so check that expiry using the code checker , not the letter dates

if it hasnt expired, get your popla appeal in

AND COMPLAIN TO MORRISSONS TOO !!

fatboyslim

It was that parking cowboys site I used to check the POPLA code it told me it expired 10 days ago!!
So by my reckoning that's 38 days from letter date to yesterday
So soes this mean the PCN is now no longer enforceable as it's beyond the 35 days??
What I don't understand is how the rejection letter with the code is dated 13/08/2014 has taken so long to reach me and that's why the code has expired

Redx

if you had used the parking cowboys code checker you should have said so in post #1 , save us telling you to do so

a pcn invoice can be pursued for up to 6 years, so that isnt the real question , you seem obsessed with trying to prove the pcn isnt enforceable, whereas it is, regardless of the "details" , ie:- thay can and do take people to court

if the initial pcn arrived within 14 days and you appealed within 28 days and the appeal was then rejected then a popla code should have been issued

as the code has expired you have a case to present to the BPA, but at the moment you are asking the wrong questions

follow the timeline, understand the "game" by reading the newbies sticky thread, then complain to the BPA as I said earlier , citing the length of time for any rejection to arrive with that popla code , , and also complain to Morrissons too

I thought I was quite clear in my reply as to what should have happened and who to complain to

get the complaints in, then worry about understanding the semantics

fatboyslim

Problem is my initial appeal wasn't technically rejected they put it as
'referred for further information' as I hadn't told them who the driver was

Oh and Morrisons didn't give a flying fig and basically said it was between me and PE

I take it that BPA is British Parking Assoc.?
So complain to them citing rejection time,which I take it is 35 days?

Redx

fatboyslim wrote: »

Problem is my initial appeal wasn't technically rejected they put it as
'referred for further information' as I hadn't told them who the driver was

Oh and Morrisons didn't give a flying fig and basically said it was between me and PE

I take it that BPA is British Parking Assoc.?
So complain to them citing rejection time,which I take it is 35 days?

the acronyms are in the NEWBIES sticky thread, so please read it

also, stop believing everything PE tell you, most of it is a pack of lies to entrap you or make you pay up

you do not have to provide the drivers details, by law, under POFA 2012 , so again they breached the BPA CoP if you were told that

the more breaches they made , the better, so tell the BPA all this and let them investigate

complain to the Morrissons head office lady dealing with Dalton Philips (their CEO) emails, details in the sticky threads

and no , complain to the BPA that no popla code was included in their initial rejection (a breach of the BPA newsletter of jan 2014) , complain they wanted the driver details which you dont have to provide

complain that by the time the rejection letter arrived the POPLA code was 10 days out of time (expired) so you have "lost" your chance to appeal through no fault of your own

give them copies of all paperwork, and include the timeline details but no personal stuff, so none of the "waffle" , stick to the facts

then complain to that lady at Morrissons head office, by email , too, complaining about this and the fact that 2 visits were made, not one long continuous visit, whilst I believe the local morrissons may not have got involved, I do not believe for one minute that their CEO told you he didnt "give a flying fig about it"

so stop trying to think you have an easy "get out", get proactive, and complain to the BPA and to Morrissons head office , TODAY !

fatboyslim

Ok thanks for that,will get onto it now
But what's the point of a 35 day rejection limit if it counts for nothing??

Umkomaas

In PPC world lots count for nothing, and other than the forums, no one is really taking them to task over it.

But rather than firing the question about 35 days constantly to us, shoot it at the BPA - they are the apologists for the PPCs, not us here!

Redx

the 35 days isnt the issue here, clearly they rejected your initial appeal within the 35 days, the issue is the popla code generation date, plus all the lies they told you, hence why they are nicknamed PARKING LIE

but as umkomaas correctly points out, direct your issues at the ones who should be listening and dealing with those issues , which isnt those on here trying to help you free of charge !

point them out to Morrissons, who employed these shysters, point them out to the BPA that "run" the trade body for these shysters, point them out to your local MP, so maybe they will change the rules or laws to rein in these shysters (like I have done)

complain to the DVLA about how your "rights" have been downtrodden and avoided in this sinister and shoddy manner since they gave your RK details out

its certainly not us you should be complaining to

we are here and helping to guide you through the quicksand, now is not the time to stop us whilst you are sinking and asking how the quicksand arrived without you knowing about it, or asking what the authorities are doing about dealing with the quicksand , not whilst you are up to your neck in it with the tide coming in

good luck

fatboyslim

Ok thanks
Just done the email to the BPA person,are they able to cancel the PCN or at least give me a shot at POPLA?
Just going to fire one of to Morrisons now