Panel declined to hear appeal, no POPLA code

motorheadache

Hi Guys, Could use your further advice on this.

My wife got a ticket at her work place, a hospital in Exeter. We waited on the NTK, which arrived a few days ago. I sent the copy/paste version of appeal to CP Plus via email that same day, and received this email back today:

Dear *********

Parking Charge Notice: CP******* Location: RD&E Wonford

Thank you for your recent correspondence regarding the above PCN.

On this occasion, the panel have declined to hear your appeal as we did not receive a payment or an appeal within 28 days of the issue date.

A this case has now been referred to Debt Recovery Plus Ltd, any further correspondence would need to be submitted to them directly to the postal address as shown on their correspondence.

Thank you.

Yours Sincerely,




I am not worried about avoiding the debt letters, just not sure how I am supposed to appeal POPLA without a code and without even having a first appeal heard, let alone rejected!

Many thanks in advance of any advice.

Motorheadache

Umkomaas

Could you give us a time line of events please?

Date of parking event?
Windscreen ticket?
Date printed on NtK?
Date of receipt of NtK?
Any date postmarked on NtK envelope?
Does the NtK mention PoFA 2012 and the PPC is holding the keeper liable for the charge?
Date of your appeal?
Did you get proof of posting your appeal?

We can then better advise.

Marktheshark

I would write back stating that as they have refused to provide a POPLA code the registered keeper now absolves themselves under POFA which clearly states a independent appeal option must be provided.

motorheadache

Hi, and thanks for your help.

There was a windscreen ticket, which was issued I believe on the 30th of October (Wife is sleeping after a night shift and don't have it to hand, although pretty sure this is accurate)

The NTK says 10/12/2014 on it, and I used their online appeal email address on 12/12/2014 the day it was received. Today received the reply as mentioned above.


It does mention schedule 4 of POFA2012 and being liable for the charge as keeper at time of incident.

Thanks again.

Marktheshark

It's POFA 2012, not that you would expect a two bit knuckle dragging parking company to realise.
No Independent appeal option = no keeper liability as far as I can conclude.

Dont play their game, write back and state that Keeper liability no longer applies to the registered keeper.

motorheadache

Marktheshark wrote: »

It's POFA 2012, not that you would expect a two bot knuckle dragging parking company to realise.
No Independent appeal option = no keeper liability as far as I can conclude.

Dont play their game, write back and state that Keeper liability no longer applies to the registered keeper.

My error! Caught it just before your post, apologies!

Marktheshark

I would also write to the executive of the hospital informing them that their agents they appointed are refusing to comply with an act of parliament and now they have been made aware, if they allow this to continue they are complicit in illegal activity as they are jointly responsible for the actions of any agents they employ.
Suggest that they bring their agents to heel that are representing the Hospital board in car park managing and at the very least insist that they work within the legalisation that they quote.
Insist that this is an official complaint which requires them to investigate and provide a resolution.

motorheadache

So:

Dear Sirs,

My Notice to Keeper was received on 12/12/14. Your date mark on the letter shows 10/12/14. As you have refused to provide a POPLA code when an appeal has clearly been made within the 28 days of issue I, as the registered keeper, now absolves myself under POFA2012 which clearly states a independent appeal option must be provided.

I will be contacting the hospital making an official complaint into how this has been handled.

??

bazster

CP Plus now trying the same lies as ANPR Ltd.

Send your evidence to the BPA and tell them you are being denied a PoPLA code as the operator is falsely counting the appeal period from the day the windscreen ticket was issued, not the day the NtK was issued.

Umkomaas

I agree with Marktheshark's advice.

You have complied with appeal timescales/deadlines. You should now, in addition to following Mts advice, send a strongly worded complaint to the BPA (Steve Clark) and the DVLA - email addies in post #6 of the NEWBIES FAQ sticky - to ask to urgently investigate why this PPC is denying the legitimate right of the keeper to use the independent appeals service, POPLA.

Fergie76

motorheadache wrote: »

Hi, and thanks for your help.

There was a windscreen ticket, which was issued I believe on the 30th of October (Wife is sleeping after a night shift and don't have it to hand, although pretty sure this is accurate)

The NTK says 10/12/2014 on it, and I used their online appeal email address on 12/12/2014 the day it was received. Today received the reply as mentioned above.


It does mention schedule 4 of POFA2012 and being liable for the charge as keeper at time of incident.

Thanks again.

What Baz said.

They cannot invoke keeper liability, but then count the time from when the windscreen notice was issued, unless of course the registered keeper is psychic...

Report them to the BPA and write back and tell them the keeper is no liable under POFA 12 as they have not followed the POFA Act and therefore to take it up with the driver. Of course you don't tell them who was driving.

Was this RD&E Wonford?