out of time?

Coupon-mad

specialbru wrote: »

I have just spoken to bpa regarding this and they have advised contacting LDK initially asking them for a copy of their response to my appeal before getting them involved
Is this what I should do?

This is what the BPA do ALL THE TIME now and it really annoyed me and I told them so in 2015. Not that they cared. This really is pathetic.

Unless this is a firm which you can email, then why the heck should you have to waste time & money on another stamp in writing to them? Having to enter into further comms to get a POPLA code was declared a SPECIFIC, defined breach of the CoP in 2013 (in an email to all BPA members issued by the BPA and DVLA jointly, I think). Yet the BPA now like to sweep that right under the carpet and say 'have you asked the company first...?'.

It's a complete U turn by the BPA who used not to say this. Bloody disgrace just like their treatment of the 'old' POPLA appellants.

And we do not recommend phoning a PPC because they'll want you to pay or name the driver and are not a normal 'fair' firm to speak to, none of them are, there is no 'customer service ethic' just greed and lies. Nasty nasty, rather like SOME PEOPLE I know but that's another story.

So, can you email this bunch or not? If you can then email them to follow up and ask where your rejection letter is.

specialbru

i have emailed them see if they respond!

specialbru

i have just received this reply from ldk they have provided a popla code.

I regret to inform that your appeal has been REJECTED.

Please note that the above is Private Land and has laid down parking Terms and Conditions as displayed prominently throughout the site.

Photographic evidence collected on the day PCN was issued show that the van was parked without displaying a valid Parking Ticket.

By remaining parked on site, you agreed to the displayed Terms and Conditions and are bound by the charges following the issued PCN.

Please note that that a Notice To Owner was sent out on 23 December 2015 and we did not receive any communication from you. We therefore had the right to pass the file over for Debt Recovery.

However as a gesture of goodwill, i have asked DRPL to put this file on hold for 14 days. This should provide enough time to settle the above. I must stress that shall the above remain outstanding , charges will increase.

A payment of £90.00 is to be received within 14 days after which charges will increase to £160.00.
Failure to comply will result in your details being passed on to Debt Collection Agents. We may also start court proceedings without further warning and extra cost will be incurred.

Please note that we have now reached the end of our appeals process. If you are not happy with the decision made, you can appeal to Parking On Private Land Appeals (POPLA) by visiting https://www.popla.org.uk/appeal.htm. POPLA are an independent appeals service who looks into appeal matters for the private car park industry.

Redx

£100 is the limit they can charge under the BPA CoP , not £160

so you now need to check the code is valid on parking cowboys website, plus note down the expiry date

then start drafting your popla appeal based on examples linked in post #3 of the NEWBIES sticky thread

part of your appeal will state that they have broken POFA2012 as the keepers details should not have been obtained prior to day 29 following any incident on site and that ANPR cameras were not used so any NTK failed POFA

other appeal points include

NO LANDOWNER CONTRACT
POOR SIGNAGE
NOT A GPEOL
GRACE PERIODS
DUBIOUS PHOTOS FROM A HANDHELD CAMERA or MOBILE PHONE

catfunt

specialbru wrote: »

A payment of £90.00 is to be received within 14 days after which charges will increase to £160.00.
Failure to comply will result in your details being passed on to Debt Collection Agents. We may also start court proceedings without further warning and extra cost will be incurred.

Redx wrote: »

£100 is the limit they can charge under the BPA CoP , not £160

so you now need to check the code is valid on parking cowboys website, plus note down the expiry date

then start drafting your popla appeal based on examples linked in post #3 of the NEWBIES sticky thread

part of your appeal will state that they have broken POFA2012 as the keepers details should not have been obtained prior to day 29 following any incident on site and that ANPR cameras were not used so any NTK failed POFA

other appeal points include

NO LANDOWNER CONTRACT
POOR SIGNAGE
NOT A GPEOL
GRACE PERIODS
DUBIOUS PHOTOS FROM A HANDHELD CAMERA or MOBILE PHONE

"Not a GPEOL" - in the Beavis case it was said that £85 is a reasonable charge - their £160 is nearly twice that.

Coupon-mad

NOW complain to the BPA! Email them back and forward this email to them with a complaint!

LDK have received your appeal (presumably online or by email and sent in response to the windscreen PCN?) and they ignored it, sent the case to debt recovery and pretended you had not appealed. Now when caught out by you, they issued a POPLA code yet have still confused the issue and misled you that the debt collectors have only temporarily put the case 'on hold' for 14 days.

Yet a POPLA code can be used for 28 days and debt collectors should never have been involved at all and need calling off, you deserve an apology and an unfettered 28 days to use that code. This is unfair and a breach of the CoP which required a rejection and POPLA code within 35 days of your appeal and specifically disallows debt collection firms involvement whilst the appeal proceeds.

Make sure you only describe yourself as the keeper, when talking to the BPA who are after all, not on your side.

Are the numbers in the middle of the POPLA code '0376' or similar? Just checking it's a new code.

specialbru

just checked and the popla code is valid until 06/03/16.
how should I appeal this ?

Redx

think I explained how you appeal it in my previous reply, with pointers

plus post #3 of the NEWBIES sticky thread has links with examples and advice too

we wont write it for you, you need to do what CM said and also start drafting your popla appeal as you have 28 days to sort this out

the BPA need informing as they should sanction these fools for multiple breaches of the BPA CoP

specialbru

can anyone give me their views on this draft for a popla appeal?

1/
The driver on being informed that they were parked in a pay and display car park offered to purchase a ticket covering the full amount owed and was told “no it’s too late”

2/
The notice to keeper was received on 29/12/15 which is outside permitted time frame as no ticket was put on vehicle at the time of alleged offence.The registered keeper is submitting this appeal and LDK do not have the identity of the driver, who is not the registered keeper.
As LDK has failed to satisfy the requirements of Schedule 4 of the Protection of Freedoms Act, the registered keeper cannot be liable for the charge. The parking company can therefore in relation to this point only pursue the driver.

3/
i appealed this charge as keeper on 07/01/16 and apparently they did not receive it although it was to the same email address used in later correspondence which was acknowledged by them.

4/
Photographic evidence that is being used does not show the period that the vehicle was allegedly parked and was taken on a mobile phone which can not be calibrated or checked.


5/ Signage
The alleged breach took place in low light and any signs were not adequately lighted to be seen clearly while driving (and indeed were not seen by the driver).
The BPA Code of Practice states: 18.1 A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are. (Please note that due to LDK’s positioning of the signage they were hard to see in low light and because the driver reversed into the parking space did not pass any signage.) 18.3 Specific parking terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving.” There was no contract between the driver and LDK as they did not see any contractual information on any of the signs when entering the car park and therefore at that time had no idea that any contract or restrictions applied. As a consequence the requirements for forming a contract such as a meeting of minds, agreement, and certainty of terms were not satisfied.

6/ No contract with the Landowner
LDK does not own the car park and I dispute that they have the authority to enter into contracts regarding the land or to pursue charges allegedly arising.
LDK has also not provided any evidence which i specifically asked for that it is lawfully entitled to demand money from the driver or keeper. They do not own nor have any proprietary or agency rights or assignment of title or share of the land in question. I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park they do not own, or indeed the lawful status to allege a breach of contract in their name.
LDK must provide the POPLA Adjudicator with documentary evidence in the form of a copy of the actual site agreement/contract with the landowner/occupier. Specifically, to comply with the Code of Practice, the contract needs to specifically grant LDK the right to pursue parking charges in the courts in their own name, as creditor. Please note that a 'Witness Statement' to the effect that a contract is in place between LDK and the landowner will be insufficient to provide all the required information, and will therefore be unsatisfactory.

Coupon-mad

Bit knackered - it's very late - so bumping this for others to see tomorrow!