Running Out Of Time for Appeal to POPLA?

Resourceful

Afternoon all!

This is my first post on this great forum. Hopefully this will be the only time I have to post in this section!

Here's my situation:
I received a Parking Charge Notice earlier this month and for whatever reason, partly procrastination and also busy with work I have not dealt with this yet. I left it until the eleventh hour to decide whether or not to pay the reduced fee of £60 but couldn't face handing over my hard earned money without a fight so here I am!
The reminder notice arrived the day before the reduced fee 'offer' ran out so I have two letters now.
The notice states that I have 28 days to make an appeal. Is that 28 days to appeal to P.Eye or to POPLA? I only have 10 days until the 28 days is up so is it possible if I appealed today that my POPLA number wouldn't arrive until after the deadline or will I be issued a new POPLA appeal deadline?
Also the notice included photos of my vehicle entering and leaving the car park. Although these photos only show the lower part of the vehicle with numberplate, do they (P.Eye) have a full image showing the driver and potentially number of passengers in the vehicle? Depending upon the quality of their cameras could this not be linked to Facebook accounts, etc in an attempt to identify the actual driver?
Finally, if I include a shopping receipt (copy) in my initial appeal to P.Eye how do I refer to it. If I say I was shopping and they know there was only the driver in the car then surely I am confessing to being the driver!

Thanks in advance for any help you can offer.

Resourceful

EDIT: Okay,just read a bit more. The 'driver' was shopping not me!!

ezerscrooge

I'm assuming the letter you had from PE is the first Notice to Keeper - so you must get a soft appeal ASAP. Send it via their online system and keep copies of screenshots/'appeal recieved' messages. Use the template appeal here...

https://forums.moneysavingexpert.com/discussion/4816822

PE are tending to fold on sight of a forum appeal.

Do not even consider paying them. Even if it goes as far as POPLA, you win provided you follow the advice on here.

Do post your draft POPLA appeal for comment before sending - shoyuld it get to that stage.

Resourceful

Thanks for the quick reply!

What exactly do you mean by PE are tending to fold on sight of a forum appeal.?

Also 'Do post your draft POPLA appeal for comment before sending - should it get to that stage.'
Is it safe to do that?

Thanks again
Resourceful

BenefitMaster

PLease read the Newbies threads, where most, if not all, of your questiosn are answered.

Your soft appeal to PE could say "dear PE. I appeal against your speculative invoice. I have no liability because it's a friday, please send me a POPLA code."

HTH

pogofish

He means exactly what he said.

You need to read the Newbies Sticky carefully before asking any more questions - and if you do post-up anything for consideration, naturally you leave-out any identifying details.

ezerscrooge

'They fold' - they cancel the charge. Happens a lot - look at the Woodfields thread.

https://forums.moneysavingexpert.com/discussion/5027860

It is safe to show us your draft but, as pogo said, just remove your personal details.

Resourceful

Thanks for the replies folks.

It's funny because I'm an old hand on another forum (totally unrelated to this one) and am always dishing out the same replies to newbies. 'Read all the stickies first, before posting questions!'
I have actually read quite a lot of the Newbies threads on here before posting but I guess I didn't make it to the bit about photos/receipts, etc

I will have a good read but was just looking for quick answers I guess as time is limited.

Thanks for your patience and understanding.

ezerscrooge

A quick cut, paste and little edit (for your details) of the template below will do just fine. Will only take 5 mins - and you can do it before you get too busy with work - let it fester, and you'll miss your golden chance to kill this off.

---

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}

Resourceful

Thanks so much for your help ezerscrooge.

So it is possible it won't even get as far as POPLA.?

ezerscrooge

Highly possible - lately, PE are not bothering to take it to POPLA when they get one of the forum templates. Loads of examples of them cancelling the charge.

They know they'll be beaten by a forum POPLA appeal so seem to be choosing to not waste money on fighting it.

ampersand

...and they don't want to pay £27 for that losing popla appeal ....capita shareholders are watching out.