Appeal 90% complete

johnweir123

I'm appealing a parking ticket on behalf of a client of mine and I've run into an obstruction which I'm finding it difficult to work around.


Basically the companies involved won't communicate with me. Not because I'm rude but because they don't want to drop the charge.


I want to avoid going as far as court so does anybody know what can be done? I have spoken to the BPA which both companies are members of and it seems the only action they can take is to put a black mark against either company up to the point where they've accumulated enough black marks to get them chucked out of the association. Which does not really help me in the short term.

bazster

What company and what exactly has happened thus far?

johnweir123

DRP. Originally with Horizon Parking but then passed to DRP.


- ANPR used.
- Notice served to keeper but not a valid notice issued as served to the wrong address.
- Did not gain the right to move to debt recovery but did anyway
- Now won't allow an appeal using expiration of appeal time as a barrier
- ANPR photographic evidence shows photos from a public road and no actual evidence of my client entering into contract




I'm finding it difficult to gain any traction due to the appeal time barrier. DRP have said they won't issue a Rejection Verification Number and I can't go to POPLA.


I've tried to get the details of the solicitors for Horizon Parking who I believe will be the next port of call once the matter moves back from DRP.

bod1467

DRP can't deal with appeals or issue POPLA codes anyway - only the PPC can do that.

Have you ignored DRP and written to the PPC?

(It seems to me you're giving these people more weight and concern than they deserve - Horizon's solicitors? :rotfl:).

bazster

England/Wales or Scotland?

Why was the NtK served to wrong address? Did the keeper fail to notify DVLA of a change of address?

It is very, very unlikely that this will get anywhere near solicitors and you certainly don't want to be trying to contact solicitors in advance.

Ignore DRP, deal only with Horizon (if anyone).

johnweir123

Horizon refuse to deal with it because they say they've sent it to DRP.


I'm basically running into brick walls whichever direction I turn. I know there's a concrete appeal there, just no way to have it heard and appreciated.


Is the best suggestion to send the appeal registered post to Horizon?

bazster

I repeat my questions:

England/Wales or Scotland?

Why was the NtK served to wrong address? Did the keeper fail to notify DVLA of a change of address?

Can't help you unless you give sufficient information.

johnweir123

..and to answer that question.


The keeper moved house at about the same time the notice was served. The DVLA had been notified but as all actions coincided the notice was served to the wrong address.


As the notice wasn't properly served Horizon hadn't gained the right to move to debt recovery but did anyway.


Once it had gone to debt recovery DRP used what they referred to as a tracing service to locate the keeper, then the keeper was aware of the issue but by then they were denying appeal rights due to expiry of relevant appeal periods.

tykesi

johnweir123 wrote: »

..and to answer that question.


The keeper moved house at about the same time the notice was served. The DVLA had been notified but as all actions coincided the notice was served to the wrong address.


As the notice wasn't properly served Horizon hadn't gained the right to move to debt recovery but did anyway.


Once it had gone to debt recovery DRP used what they referred to as a tracing service to locate the keeper, then the keeper was aware of the issue but by then they were denying appeal rights due to expiry of relevant appeal periods.

And you still miss questions!! It will be very difficult to help you if you continually only read part of people's posts and miss out requested information.


Where did this happen? England/Wales OR Scotland?

bazster

Well you answered one of my questions. I'll just have to guess that it's in England/Wales.

So you send a letter to Horizon:

Your Notice to Keeper was sent to the wrong address through no fault of the keeper given that DVLA had been notified of the change of address.

Accordingly the Notice was not properly served within the PoFA timescales therefore there is no keeper liability and you can only pursue the driver. The keeper now considers the matter closed and will not respond to any further correspondence from Horizon or its agents.

However, the keeper is willing to engage in Alternative Dispute Resolution (ADR) should Horizon wish to issue a PoPLA code. Should Horizon be minded to instigate legal proceedings they are reminded of the requirements in the Civil Procedure Rules regarding ADR and of the consequences of non-compliance.

Get a free proof of posting from the Post office and then ignore anything else Horizon sends you unless it contains a PoPLA code.

Ignore DRP as a matter of course, they are scum and not worth wasting one second of your time on.

Complain to DVLA and BPA that Horizon is (i) alleging keeper liability where none exists and (ii) denying the keeper the right to appeal to PoPLA.

johnweir123

My apologies. England/Wales.