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No POPLA refrence number

Hello Every One ...

I have been issued a PCN by Park Direct UK which according to me (fact) is not in an area that fall under the area designated by them, but adjacent.
I originally wanted to ignore it but later and through this website I seen the notice, ‘’ Don’t Pay It But Don’t Ignore It ‘’ so I did write a letter to them 0n Mon 29th Dec 14, which they needed to receive by Fri 2nd if to be with in the 28 days, they sent me a letter dated Mon 5th claiming that my appeal letter was out of the appeal time and there for will not be considered.
I did write them back n 12th Jan suggesting that they should/must have received letter on time if they managed to reply on 5th Jan, and this time I asked for a POPLA reference number.
This time they replied back on the 18th Jan, repeating the same request for the fine to be paid and offering a 14 days for payment to reach them,’’ they state that they will not enter any further correspondence relating to this PCN’’, still not providing me with POPLA reference number.
I feel I did not commit any wrong doing and should not even have to appeal if where I was is not in an area designated to/by them, and noting that it took them over ten days to reply to my second letter it is only a clear and good indication that the first appeal letter was received within the 28 days period if the managed to reply on 5th Jan, their PCN was posted to me on 5th Dec 14

I would love if some can shed a light on this
«1

Comments

  • Jim_AFCB
    Jim_AFCB Posts: 248 Forumite
    Sixth Anniversary
    Edit: forget that.. didnt read the post properly...

    Did you get proof of posting from the Post Office when sending it?
    Bournemouth - home of the Mighty Cherries
  • not for the first one, which according to them recieved 5th Jan but somehow they managed to reply as per thier letter date on the same date
    I did for the second , but that was only to make sure that they recive my letter asking for the refrence number, this time it took them over 10 days to create a reply letter ! but even though they replied they did not provide that
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Complain to the BPA - Steve Clarke, email addy in post #6 of the NEWBIES FAQ sticky.
    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
  • do you mean that even if they say that the original soft appeal was out of the 28 days, but since i have written to them and asked for POPLA ref number, they should provide one
  • so even that I am not within the 28 days for a soft appeal, but since I have sent them a letter that they acknowledge receipt , asking for a POPLA reference, their duty should be to provide me with one
  • bod1467
    bod1467 Posts: 15,214 Forumite
    If you appeal outside the 28 day limit then the PPC has no obligation to provide a POPLA code. (That doesn't mean they can't, just that they don't have to).

    If this is the case, just ignore anything* else you get from them or their tame debt collectors.

    * Except an LBCCC/LBA from the PPC (not the debt collector) or actual court papers from Northampton/Salford (depending on how the claim was raised).
  • So … I should receive first claim from debt collectors, and ignore
    [FONT=&quot]Then wait for some court papers ?? Would I have the chance to represent my case prior to a judgment, or is it done automatically [/FONT]
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    zoranovski wrote: »
    do you mean that even if they say that the original soft appeal was out of the 28 days, but since i have written to them and asked for POPLA ref number, they should provide one

    If you sent the letter on 29th December it is deemed served 2 working days later. You said this:
    so I did write a letter to them 0n Mon 29th Dec 14, which they needed to receive by Fri 2nd if to be with in the 28 days,

    This is the point you should be making strongly to the BPA, not concerning yourself about 'what ifs' like debt collectors and small claims court at this early stage.

    The way to get this killed off is via a POPLA appeal, and if the PPC is not playing ball in releasing a code for this, the only way you have any prospect of getting it is via a strong complaint to the BPA.

    Concentrate your efforts there for the time being.
    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 .

    It is very interesting that they claim receipt of my letter deemed to be out of the 28 days, be it on the 5th yet replying to me on the same day as per letter dated 5th
    Furthermore their next reply to my other next letter 'Signed for' it took them over ten days to reply to ??
  • I will complain to the BPA any original form or copy that I can follow ?
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