Panel declined to hear appeal, no POPLA code

motorheadache

I have already sent a response to CP Plus saying POFA now doesn't apply..... however I figure the only thing they would do now is provide a PoPLA code to appeal?

I have sent emails to DVLA and BPA.

Coupon-mad

Yep you have done all you need to. Did the reply about the appeal 'panel' come from CP Plus or from PCS (DRP debt collectors) or from the Hospital?

motorheadache

The appeal panel reply was from CP Plus, and although the reply mentions the debt collection company I haven't yet had anything from them, or the hospital.

ManxRed

The_Slithy_Tove wrote: »

While I agree with the actions, i.e.
- Complain to the Trust
- Complain to BPA Ltd
- Complain to DVLA
as the scumbag PPC is deliberately flouting the Code of Practice, that DOES NOT mean that PoFA does not apply. the Act itself says nothing about an independent appeals service. That was purely a condition set by the Secretary of State for POFA to be enacted. So don't say "POFA doesn't apply" (though it probably doesn't because of non-compliant notices or missed timescales).


But DO follow up all those complaints, else they'll just keep getting away with their lies.

Not 'independent' I know, but the PoFA DOES state that a Notice to Keeper must contain information on how to appeal. Para 8(2)(g) -

inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

nigelbb

ManxRed wrote: »

Not 'independent' I know, but the PoFA DOES state that a Notice to Keeper must contain information on how to appeal. Para 8(2)(g) -

However that only means that IF there is an appeals process then it must be described on the NTD/NTK. POFA does not mandate that there even has to be any appeals process independent or otherwise.

BenefitMaster

nigelbb wrote: »

However that only means that IF there is an appeals process then it must be described on the NTD/NTK. POFA does not mandate that there even has to be any appeals process independent or otherwise.

But, as was discovered in court in Bournemouth in a case I don't recall immediately, if an independent appeal IS available, it MUST be offered before court proceedings.

Meaning that even when you get an LBCCC, you should always ask for the independent appeal option.

ManxRed

I don't agree with the meaning that nigelbb has attributed to that clause.

It says 'that are available', not 'that may be available'

Coupon-mad

motorheadache wrote: »

The appeal panel reply was from CP Plus, and although the reply mentions the debt collection company I haven't yet had anything from them, or the hospital.

The CP Plus should be reported to the BPA. Not offering POPLA - when a keeper appeals in time - is a sanctionable breach. Be careful not to say who was driving.

bazster

ManxRed wrote: »

I don't agree with the meaning that nigelbb has attributed to that clause.

It says 'that are available', not 'that may be available'

But it later expands on that with:

any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration.

"Any" is the key word. Nigel's reading of it is correct.

motorheadache

So, today by email I have received this from aos@britishparking.co.uk:

Dear *******

BPA – *****.

I have investigated your complaint with the operator and can advise as follows.

The operator has advised you should have appealed to Debt Recovery on receipt of the Notice to Keeper. However, unfortunately the appeal was sent to CP Plus directly.

As a gesture of goodwill, the operator has confirmed Debt Recovery will be passed your appeal and this will be considered. Debt Recovery will respond to you either accepting or rejecting the appeal. If the appeal is rejected, a POPLA verification code will be provided to allow you to appeal further.

In view of the above, I have closed the case.

Thank you for bringing the matter to my attention.

Kind regards,

AOS investigations Team


Now, I still don't get this ****! How, and why, would I appeal to a debt recovery service within 28 days of receiving my NTK! Why would this even BE with a debt recovery service at this point!? I still haven't even had any correspondence even with a debt recovery contact on! Unbelievable. Any advice as before much appreciated.

motorheadache