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PE Appeal Rejected
zaphod001_2
Posts: 3 Newbie
I've just received response from Parking Eye denying an appeal. I appealed on the grounds that the PCN wasn't issued until the 15th day.
They denied the appeal as the PCN wasn't issued under The POFA act 2012 and referred me to section C of the BPA Code of Practice which is most applicable. Here it states that target time to apply to DVLA is 14 days after the unauthorised event and you must apply no more than 28 days after the event.
They denied on the phone that the 14 day limit applied and I asked them how they could avoid the law they simply hung up.
Would I be likely to win at a POPLA appeal?
They denied the appeal as the PCN wasn't issued under The POFA act 2012 and referred me to section C of the BPA Code of Practice which is most applicable. Here it states that target time to apply to DVLA is 14 days after the unauthorised event and you must apply no more than 28 days after the event.
They denied on the phone that the 14 day limit applied and I asked them how they could avoid the law they simply hung up.
Would I be likely to win at a POPLA appeal?
0
Comments
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Hi zaphod001
I've moved your post into a new thread - please have a read of the FAQ/newbie thread (link in my signature) and then feel free to ask about anything that you feel unsure about.
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I've just received response from Parking Eye denying an appeal. I appealed on the grounds that the PCN wasn't issued until the 15th day.
They denied the appeal as the PCN wasn't issued under The POFA act 2012 and referred me to section C of the BPA Code of Practice which is most applicable. Here it states that target time to apply to DVLA is 14 days after the unauthorised event and you must apply no more than 28 days after the event.
They denied on the phone that the 14 day limit applied and I asked them how they could avoid the law they simply hung up.
Would I be likely to win at a POPLA appeal?
Read the Sticky thread for NEWBIES as advised, then have a look at the POPLA decisions thread for inspiration. This site has a very good success rate for winning at PoPLA as long as posters follow the advice on here.
Unfortunately you have made a Newbie error by 'phoning parking lie, but all is not lost. Did you admit to being the driver when you contacted them? If so, POFA 2012 is not applicable.
When appealing to PoPLA, include as many points as are relevant such as inadequate signage, non-POFA compliant, no standing to issue PCNs, not the landowner. Find a PoPLA decision that matches your situation and then modify it to suit.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
If you havent told ParkingEye who the driver is then POPLA will uphold your appeal.
Dear POPLA,
I am appealing as keeper. There is no keeper liability because the NTK was issued after 15 daysDedicated to driving up standards in parking0
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