Request for popla refused despite quoting legislation, what to do now?

Gin_and_Milk

Hi,

I recently emailed a template letter from the sticky to Minster Baywatch to appeal a parking charge which I had previously ignored requesting a PoPLA. Please see below:

"I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Please note: "Changes in EU law last year say that appeals should be allowed (Alternative Dispute Resolution) for up to a year."

"It is the will of Parliament, as a result of the EU Consumer Rights Directive, that ADRs must imminently be made available for not less than a year."

I have kept proof of submission of this appeal and look forward to your reply."

This is the reply I received today:

"Thank you for your recent correspondence regarding Parking Charge Notice 121883.

Further to its contents please be advised that the signage displayed on this site is fully compliant and meet the requirements stipulated by the British Parking Associations Code of Practice, furthermore the Pay and Display machine located on this site was prominent in relation to where the vehicle was parked (please see image attached).

With regards to ownership of this land, we are employed on behalf of the landowner to conduct this enforcement. The document affixed to the windscreen of the vehicle gave very clear instructions on how to challenge or Appeal this Notice and stipulated the timeframes permitted by current Legislation in which to do so. As nothing was actioned on this Notice it has now escalated to a Debt Recovery level and the Charge amount has increased.

We are not legally obliged to supply you with any personal information regarding our Client, we will of course present this information in Court should you wish to proceed in this manner.

Please also be advised that whilst I note you remarks referring to your correspondence as an Appeal, Schedule 4 of the Protection of Freedoms Act 2012 states that you are permitted 28-days in which to Appeal this Notice, as this timescale has lapsed, I must advise you that this communication will not be recognised as an Appeal.

There are now two options available to you, you can pay the Parking Charge Notice at the current prevailing rate of £155.00, or on 21st October 2016 this Notice will be passed to Gladstones Solicitors with the request that Legal action be initiated against you in order to satisfy this Debt.

Yours sincerely


Charlotte"

As you can see, Charlotte (no surname) has flatly refused my request and has also disregarded the quotes about the EU and the will of parliament. She also sent me a copy of the charge notice which also states that payments by credit / debit cards incur a 4% surcharge!

I'm really angry now. I tried to buy a ticket at the time but was unable to do so because of their machines. Obviously I haven't mentioned any of that to them, otherwise I am admitting I was the driver, but does anyone have any advice? Do I just go for the second appeal letter as posted in the sticky or do I have to fork out £155 (which obviously I really don't want to do).

Thanks

pappa_golf

ok , burning question , on what date (how many days after incident) did you do an email appeal ?


and how may days after your appeal did you RECIEVE the letter , not date written on it

Coupon-mad

Your threads need merging, so please ask a Board Guide:

http://forums.moneysavingexpert.com/showthread.php?t=5531421

It's so much easier for us to help you if you merely reply on the same thread every time. I know that's not the case on all MSE forums but 'one case one thread' really assists here.

Have some fun - ask Minster Baywatch (not by phone, ever!) to show you the part of the POFA they reckon says this:

Schedule 4 of the Protection of Freedoms Act 2012 states that you are permitted 28-days in which to Appeal this Notice,

Clue - it does not. They are making it up. The POFA is silent on appeals.

The_Deep

She also sent me a copy of the charge notice which also states that payments by credit / debit cards incur a 4% surcharge!

Illegal,, complain in writing to your local Trading Standards Department.

FYI, the solicitors to whom they refer are under investigation after hundreds of complaints about multiple breaches of the rules. They may not be around for much longer.

Gin_and_Milk

I admit I left it too long because I didn't realise the law had changed. The charge was issued on 26th July. I received my second letter on Monday and after reading the sticky on here and some suggestions from Fruitcake in a previous post I emailed them later that day. Fruitcake sent me the quotes about the EU and the will of Parliament and the ADRs, but she has ignored these completely.

I'm guessing that if it did go to court (and the way I'm feeling right now I really wouldn't mind), the fact that they would add 4% to the charge for paying by DD or CC would be somewhat frowned upon?

Thanks

Coupon-mad

Yes it would - but cases are normally (mainly) won or lost on 'unclear signs/evidence'. MB signage is often woeful!

Get some pics, in case, and relax.

Gin_and_Milk

Thank you for your replies, very reassuring.

Coupon - Mad, how do I merge a thread please?

Umkomaas

Please also be advised that whilst I note you remarks referring to your correspondence as an Appeal, Schedule 4 of the Protection of Freedoms Act 2012 states that you are permitted 28-days in which to Appeal this Notice, as this timescale has lapsed, I must advise you that this communication will not be recognised as an Appeal.

PoFA has no such specification.

It is the BPA's Code of Practice which states 28 days for initial appeal, not PoFA. It may be a point to complain to the BPA that the PPC's misquote of PoFA warrants investigation and sanction, but if you have missed the PPC's 28 day deadline, it's a real uphill struggle to get a POPLA code now.

You could complain to your MP about their failure to comply with the EU directive on ADR - that assumes he/she has any clue about what it means.

You may have to ride this out - have you complained to the landholder?

pappa_golf

minster Baywatch are BPA members , write to the BPA enclosing that garbage you have received , stating that they are incorrect on 28 days (ask bpa to show you that legislation?) , no POPLa code received and tell them that the 4% surcharge HAS been reported

Coupon-mad

Gin_and_Milk wrote: »

Thank you for your replies, very reassuring.

Coupon - Mad, how do I merge a thread please?

Ask a Board Guide to merge your threads, you can see the Board Guides, bottom right of the main page here:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Click on their username and send them a Private Message with links to both your threads. Choose one who is online (with their light on).

Gin_and_Milk

[QUOTE

Click on their username and send them a Private Message with links to both your threads. Choose one who is online (with their light on).[/QUOTE]

There's no green light, they must all be having their tea! :rotfl:
I'll try again later