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FlashPark - do I ignore and wait for POPLA?

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Hi,


Please can you advise whether I now just wait for FlashPark to send me a POPLA ref number. I e-mailed the other day using the template letter and this is their reply, I don't want to go over the 7 days and then find that I was meant to e-mail them to request one.


Many thanks.


Dear Driver, (I have not advised that I was the driver)

We provided you with photo evidence that supports we had a valid contract with you as the motorist. We would suggest you take legal advice that relates to (breach of contract). We would also refer you to Schedule 4 Protection of Freedoms act 2012 (recovery of unpaid parking charges) on the link below and in the attachment above.

<unable to paste in link>

[FONT=&quot]However as [/FONT] a gesture of goodwill on this occasion we will accept a reduced payment of £25 in full final settlement of this matter.
This can only be paid online. Go to <flashpark link>click the option pay a ticket enter your registration and the ticket number.

If we do not receive payment within next seven days we reserve the rights to formally reject your appeal and give you the opportunity to have the case referred to POPLA(parking disputes on private land). If the matter is refer to POPLA you will lose opportunity to pay discounted rate which is held at £65 at present.

Regards,

Flashpark appeal team

Comments

  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 December 2014 at 11:24PM
    Reply that you have appealed and demand they either cancel or give you a PoPLA code. You do not need to ask for a code, the BPA CoP tells them they must provide one if they don't cancel. Making you jump through hoops to get a code is against this CoP and they know it. Complain to the DVLA and BPA about this sharp practice and tell the PPC you have done so.


    Do not pay, do not 'phone them. Ignore their threat/offer of a discount as you will get a 100% discount by following the advice in the NEWBIES thread.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, get the POPLA code and you're on your way to kicking this firmly (and permanently) into the long grass, by using one of the forum's examples of winning POPLA appeals in post #3 of the NEWBIES FAQ sticky.

    I wonder if the PPC feels a much more 'reasonable' £25 discounted rate is more likely to get cash flowing than the £100 reduced to £60 norm?

    Unlikely if the forum is involved I suspect. :)
    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
  • Thank you.
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, get the POPLA code and you're on your way to kicking this firmly (and permanently) into the long grass, by using one of the forum's examples of winning POPLA appeals in post #3 of the NEWBIES FAQ sticky.

    I wonder if the PPC feels a much more 'reasonable' £25 discounted rate is more likely to get cash flowing than the £100 reduced to £60 norm?

    Unlikely if the forum is involved I rather suspect. :)
    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
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    And while you are complaining to DVLA, complain that Flashpark has improperly requested your personal data from DVLA despite having neither issued a windscreen ticket nor used ANPR cameras. DVLA expects one or the other to have been used in order to create an audit trail, having some random person take a photo on their mobile 'phone and send it to Flashpark (which is how Flashpark works) does not qualify.
    Je suis Charlie.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Dear Flashpark,
    #1 You sent your PCN to the vehicle's registered keeper (RK). The RK appealed as the RK, so I have no idea why you implied the RK was the driver.

    #2 As you are well aware, you are bound by the BPA code of practice to supply a POPLA code if you reject an appeal. An appellant does not need to request one (even though the appeal itself actually did request one). As such your piteous offer of holding the charge at £65 is rejected as the POPLA appeal will be won and the charge will be £0.

    Consequently, please be advised that the following complaints will be raised...

    A) To the BPA in respect of your breach of their CoP;
    B) To the DVLA in respect of you requesting RK details when you had no right or authority to do so, as the PCN was not raised via any of the authorised methods defined in the the Protection of Freedoms Act 2012

    Xmas kisses,
    PRINT NAME

    :)
  • BenefitMaster
    BenefitMaster Posts: 641 Forumite
    edited 28 January 2015 at 2:46PM
    bod1467 wrote: »
    Dear Flashpark,
    #1 You sent your PCN to the vehicle's registered keeper (RK). The RK appealed as the RK, so I have no idea why you implied the RK was the driver.

    #2 As you are well aware, you are bound by the BPA code of practice to supply a POPLA code if you reject an appeal. An appellant does not need to request one (even though the appeal itself actually did request one). As such your piteous offer of holding the charge at £65 is rejected as the POPLA appeal will be won and the charge will be £0.

    Consequently, please be advised that the following complaints will be raised...

    A) To the BPA in respect of your breach of their CoP;
    B) To the DVLA in respect of you requesting RK details when you had no right or authority to do so, as the PCN was not raised via any of the authorised methods defined in the the Protection of Freedoms Act 2012

    Xmas kisses,
    PRINT NAME

    :)

    I like that - I'll use it myself.

    Any Flash Park sites near me?
  • ampersand
    ampersand Posts: 9,670 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hello dhep - you've been with mse for over 6 yrs, so I'll gently remind you to start your own Thread with this one.

    Don't hi-jack dippy's.

    Just go to the newbies stickies and read well, then post up your draft riposte for constructive critique.

    Clearly, this lot want to join the fish-in-a-tank free for all.
    Your problem is specific and different - do start that new thread straight away and be a little clearer:
    'We are in dispute with a land owner'[verify who this is in fact]
    and
    'someone has claimed the land (we suspect)'[so, if 'claimed', on what grounds? proof either way?]
    and
    'they have never been refused use of the land, (we are the new owners)'[this is a contradiction to the 1st quote. What do you own? When did you buy it? Please spell it out step-by-step for clarity and accuracy]

    As your post stands, statements clash with each other on several levels.

    I realise the name 'flash parking' triggered your post, but this Thread is dippy's. You will need very different advice and will receive it on your own Thread.
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