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Parking Company Threats pre Popla Appeal hearing

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Hello soldiers

I received a ticket generated through ANPR but they missed the 14 day limit, challenged the parking company on 2 grounds to cancel the ticket that they have not cited POFA 2012 so no keeper liability and i refuse to give the drivers details. Anyway they obviously refused it and sent me the POPLA code. Within time limit POPLA appeal was lodged and POPLA informed me that my hearing will be held on a date in January. Now just received a threatening letter from the parking company that i have missed the time limit to challenge the ticket and i must pay the discount-less amount within 7 days. I know they cant pursue me lawfully for this amount because i was not the driver and being the keeper of the car they are not citing POFA. But the question is that by sending me threatening letter after i have submitted my appeal to popla and waiting for the hearing, are they actually in breach of BPA code of practise or any other law ? Because the fact is i did challenged the ticket thats why i had the popla code. I could not find any answer from professor google, can any one of you answer if they are in breach of the law or any particular code of BPA ? Thank you in advance for the help.

Regards

Bearded Hulk

Comments

  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    ... But the question is that by sending me threatening letter after i have submitted my appeal to popla and waiting for the hearing, are they actually in breach of BPA code of practise or any other law ? Because the fact is i did challenged the ticket thats why i had the popla code. I could not find any answer from professor google, can any one of you answer if they are in breach of the law or any particular code of BPA ?
    The BPA Ltd are a trade association for private companies, they don't have any standing in law.


    The PPC should not be chasing for payment while the POPLA appeal is outstanding. You should email a complaint to [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Coupon-mad wrote: »
    To this, have you not emailed POPLA and added 'the charge is not a GPEOL'?


    Just to make sure you win, email POPLA with your 10 digit POPLA code ref in the subject line, if you have not mentioned 'no loss'. Which PPC?

    Do also do as bargepole advised.

    Do you think Coupon Mad that people visiting this forum can ignore your valuable input ? No nobody cant. Yes it was included and you are awesome.
  • bargepole wrote: »
    The BPA Ltd are a trade association for private companies, they don't have any standing in law.


    The PPC should not be chasing for payment while the POPLA appeal is outstanding. You should email a complaint to [EMAIL="aos@britishparking.co.uk"]aos@britishparking.co.uk[/EMAIL]

    Thank you bargepole, i will right away email BPA. Just wanted to know which paragraph of BPA code of practise refer to these instructions that PPC should not chase for payment while POPLA appeal is outstanding. But anyway i will lodge my complaint.
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you bargepole, i will right away email BPA. Just wanted to know which paragraph of BPA code of practise refer to these instructions that PPC should not chase for payment while POPLA appeal is outstanding. But anyway i will lodge my complaint.

    Here's the CoP - have a read through it; it will help in the long run for you to become familiar with all this.

    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5.pdf
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bod1467
    bod1467 Posts: 15,214 Forumite
    BPA CoP is here:

    http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2014_update_V5.pdf

    The "not pursuing payment while POPLA appeal is outstanding" element may have changed to become more woolly now. Section 22.6 says to not pursue while the Operator appeal is being considered, and 22.18 says to not pursue if a POPLA appeal is successful, but I don't see anything the covers the period between Operator appeal refused and POPLA appeal completed.
  • Inform them the matter is with POPLA and any further letters you have to reply before popla rule to will incur a contractual charge of £45 as they are unnecessary and you are having to spend a number of hours replying to these letters.
    Add that by sending further letters prior to the popla decision they accept the contractual offer by way of service of the contract.
    See how they like it up them.
    I do Contracts, all day every day.
  • appeal won on the basis that pre estimate of loss is not genuine. All thanks to coupon mad.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    please post the name of the PPC and the decision (minus personal info) but with the name of the assessor in the popla success thread at the top of this forum - it helps others to see the continued successes
This discussion has been closed.
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