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CPM response to appeal letter

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  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 December 2014 at 1:14AM
    Of course you have a leg to stand on, the fact there was no initial loss!

    But why didn't you wait for the Notice to Keeper, which is what the NEWBIES thread tells everyone to do?

    Did the appeal only come from the keeper, not naming the driver - was it a version of the one in the NEWBIES thread?

    What's the date of the parking event?

    What's the date of the rejection letter - and do check when your POPLA code expires (Parking Cowboys link in the NEWBIES thread post #3, POPLA code checker).

    They have hidden your 10 digit POPLA code without explanation at the top of the letter haven't they?! Norty. To find the right wording, search this forum for the word 'analogous' which gets you a POPLA appeal about permit cases; copy & adapt it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Initially there was a pcn left on the windscreen on 28th October, but we took the advice from this forum and waited for the notice to keeper, which then arrived on 1st December. We used the appeal template from this website (so does not name the driver). The rejection letter is dated the 22nd December, and the POPLA code is at the top of the page, but I cant see an expiry date on it. It just says

    " Your appeal was submitted outside of the 14 day discounted period, therefore you are liable to pay the full fee of £100, you now have 28 days from the day after the date of this letter to make payment"

    it then kind of contradicts, saying...

    "You do have the right to appeal online to POPLA. Please be advised that if you choose to do this and you are unsuccessful then you will lose the right to pay at the reduced amount, you may also be liable for our costs if debt recovery or court action is taken".
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you had read the NEWBIES sticky thread fully, you would note the parking cowboys code checker link where you can input the popla code and it gives you a few details, including its expiry date

    then you prepare your popla appeal by looking at the linked examples from the NEWBIES sticky thread, and submit as an attachment to popla before the expiry date (on their website)

    PPC,s like to waffle and send curve balls to throw you off, the important thing is to win at popla, then it all "goes away"

    you most important task now is to read that NEWBIES thread more carefully than before, as all you need to know is in there
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Their rejection letter is unlikely to give you your POPLA appeal deadline expiration date. But you can check it for yourself here:

    http://www.parkingcowboys.co.uk/popla-code-checker/

    You must get your POPLA appeal in by the deadline as there is no flexibility in it whatsoever. Miss that deadline and you miss the one golden opportunity to kill this off completely.

    Any organisation in England and Wales has six years to pursue any alleged debt through the SCC, so getting this stopped in its tracks now will save potential uncertainty as to what might drop through your letterbox at any time between today and 2020!
    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
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 December 2014 at 3:58PM
    Initially there was a pcn left on the windscreen on 28th October, but we took the advice from this forum and waited for the notice to keeper, which then arrived on 1st December. We used the appeal template
    Good to hear you did wait, sorry I thought you hadn't, from your earlier post. That means you also have the appeal point that the NTK is not compliant with the POFA Schedule 4 paragraph 8, so there is no keeper liability. It's bound to not be fully compliant, such as not identifying the keeper, and not specifying the period of parking in so many words, or the fact that they 'do not know who the driver was' and if you were not the driver to 'pass this notice to the driver' (that sort of thing). There are examples in the POPLA examples in 'How to win at POPLA' but only copy/adapt one about para 8 (not para 9 which is only for an ANPR camera PCN).

    Anyway if you do that search for the word 'analogous' you will find I have recently written a POPLA appeal about 'lack of a displayed permit' which quoted that word from Senior POPLA Assessor Chris Adamson.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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