Advise please - PCN, cannot get POPLA code, now Debt Recovery Letter

OnTheGo_2

I have a simliar situation as LouLouKoi16, but there does not yet seem to be further postings on outcome and want to confirm my next actions:
Received a Meteor Parking Charge Notice in July on my windscreen for failure to display valid ticket or voucher at SouthEastern Station.

I sent an appeal letter, this was based on a template from earlier research I did, before I found more accurate information here. Confirmed I was driver, and did actually purchase a ticket later in day, as my usual purchase via phone, did not process. Full day Ticket in afternoons, are .50p cheaper than full day ticket in the am. I offered to pay additional .50p and close the matter.

12 days later received a response:"Please be advised that the parking charge notice has automatically been passed on to our debt recovery company which means that the matter is out of our hands.A contact number for our debt recovery company is: 0845******
I responded with strongly that the appeal was sent ontime and within the 28 day window and they still have not provided POPLA code, that I would not be contacting a company with no name, and whose phone number does not show on any database other than a link to Germany. They still have not reviewed my appeal, and provided POPLA Code etc.

12 days later Meteor responded:
As stated in our previous email, this Parking Charge Notice has now been passed on to Debt Collection. You can contact South Eastern Debt Recovery on 0844 259 4786.

Our appeal procedure is that you have a 14 day period from the issue date of the Parking Charge Notice to appeal in writing. Unfortunately you did not send your appeal within this 14 day period and as no payment was received, this Parking Charge Notice has now been passed on to the debt recovery agency and we are no longer dealing with it.

I have since responded that they are breaching code of practise and their own website information and the PCN information of 28 days to appeal, still requesting POPLA code and initially requested information/documentation.

Have now received Letter (photocopied or badly printed) over 56 days from PCN, from Debt Recovery and Prosecution Services. Same as those already posted on other threads, now claiming Railway by laws 14, and penalty notice.
To date,
- I have not received a POPLA Code,
- Meteor would not accept any appeal or provide any requested evidence
- They have provided me within incorrect timeframes to appeal
- They sent my information to debt recovery within the appeal window
- They have provided me with Debt Recovery phone number- no details, only to provide a company name and phone number different to the first one
- The debt collector letter is not from the company listed as the group that Meteor sent the details to
- As per thread of LouLouKoi16 and a couple of threads more recent, the debt collector letter, is the same as those posted threatening prosecution by magistrates court

Based on the above, I just want to confirm my next action - do I go back to Meteor again, with a letter stating i have received a letter from a company that is not who they have referred my information to and I am still waiting for POPLA code documentation etc
Also should I be sending request to DVLA to find out who specifically has requested my information?
Do I also write to BPA, TOC, Passenger Focus, and that I am aware of the current complaint and investigation by DVLA and TS?

Any guidance is very appreciated. Thank you!

Fruitcake

You should ignore anything and everything from the debt collectors. They are toothless and can do nowt but provide you with firelighters/bog paper no matter how many threats they write. Do not contact them, ever.


Did the debt company really use the word "penalty"? If they did it is very naughty of them and worth additional complaints.


Meteor are members of the BPA so yes, complaints to BPA, DVLA, Trading Standards. It's a shame you named yourself as the driver in your first appeal. That is not the advice given on this website.


I'm not sure about the other stuff but I'm sure one of the experts will be along soonly.

OnTheGo_2

Thanks Fruitcake.

Word penalties appears after the statement that failing to pay the increased amount may result in a magistrates court summons under railway byelaws...A collection court order may be made by the count to revover any unpaid penalties. Through out the letter it refers to a PCN (parking charge), then refers to Railway byelaws, which now confuses the issue.

Yes, I was on a different site, before I had really done thorough reading, unfortunately.

Noted re debt collectors.

d123

I suggest you go to Pepipoo forums and make a thread detailing your problem there, make copies of everything you have received and after redacting personal details include them in your post.

If you have received a Bylaws penalty notice (or you think they might prosecute under the Bylaws) you need to get full advice, this matter could end up with very expensive consequences if you ignore a Railway bylaws penalty notice.

OnTheGo_2

Thanks d123, I will do that too, as keep updated. I will also take photos of signage at carpark, to see references to penalties, bylaws etc

From everything I have read both on MSE and Pepipoo, it appears that Southeastern and Meteor/Vinci/PCN Debt Recovery and Prosecution Service/London & South Eastern Limited trading as Debt Recovery and Prosecution Services that advise is to ignore, as these do not go to prosecution. The PCN, as I understand it is a civil matter, and is a parking charge, not a penalty, which under a railway bylaw would be issued as a penalty, hence the PCN referring to POPLA as way to appeal.

Coupon-mad

Meteor and MET both play this game:

http://notomob.co.uk/discussions/index.php?topic=4311.0

Since LoulouKoi16's case where she really rattled some cages, we have had posters get a POPLA code out of Meteor I am sure. Here you go, here's one:

https://forums.moneysavingexpert.com/discussion/5011649

If the PCN offered POPLA and was a 'Parking Charge Notice' then Meteor HAVE to send you a POPLA code if you appealed within 28 days. Send a strong email complaint to Steve Clark at the BPA attaching the letters Meteor have sent you - and point out the fact they are muddying the waters with talk of Magistrates and fines when it was only ever a private ticket. They cannot mix up the processes and not adhere to either, it's unfair on consumers and a breach of the CoP. Copy in the DVLA to the complaint - use the email addies in post #6 of the Newbies thread.

OnTheGo_2

Thanks CM, both those links were useful andvwill go ahead with strongly worded email as suggested.

I have no proof of posting the appeal within the 28 day, but also no response from them to confirm it was received, it wasn't until I followed up by email after the fact that they denied getting an appeal in the '14 days'. So i should still go ahead as you suggest and am I doing this as reg. keeper or driver being that, that was declared in initial appeal, yes newbie error, following other guide on another sie.

Thnks again.

Coupon-mad

Yes go ahead and complain that Meteor have breached the BPA CoP in not offering an appeal time of 28 days and then not offering POPLA, even though this was not a 'penalty charge' and was issued for a non-byelaws 'offence' so can't be treated as if it's a TOC penalty that could go to Magistrates Court. It was a 'parking charge notice' so it has to follow the BPA CoP 'rules' and offer POPLA, and it did not.

I would complain assertively and remind the BPA that their members should be aware that the law has changed and Consumers no longer have to put up with misleading business practices like this:

https://forums.moneysavingexpert.com/discussion/5092021

Remember the BPA is not a regulator and are on the side of the scammers. But they have to investigate complaints so be specific. If you have already outed yourself as driver you will have to stick with that, rookie error, can't change that now.