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

Gin_and_Milk

[QUOTE=
You may have to ride this out - have you complained to the landholder?[/QUOTE]

I didn't complain to the landholder because I thought they might say that it was out of their hands. That said, they might not know about the illegal 4% charge, so I'm going to get in touch.

Thanks

softwaremad

you could try this -

Your Address
Date:
Reference: PCN #

Dear Sir/Madam,
I am writing to state that under the Consumer Rights Act 2015, access to an Alternative Dispute Resolution service must be made available for a period of 12 months.
I am prepared to accept a competent ADR service that complies with Schedule 3 of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. However, Ombudsmen Service offers a service that fully complies. POPLA would be acceptable. I now invoke my Consumer rights to a fair and impartial ADR service.
And whilst this is in progress and I am exercising my rights under the Consumer Rights Act 2015 the PCN should be put on hold.
Sincerely,
The Registered Keeper

Fruitcake

softwaremad wrote: »

you could try this -

Your Address
Date:
Reference: PCN #

Dear Sir/Madam,
I am writing to state that under the Consumer Rights Act 2015, access to an Alternative Dispute Resolution service must be made available for a period of 12 months.
I am prepared to accept a competent ADR service that complies with Schedule 3 of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. However, Ombudsmen Service offers a service that fully complies. POPLA would be acceptable. I now invoke my Consumer rights to a fair and impartial ADR service.
And whilst this is in progress and I am exercising my rights under the Consumer Rights Act 2015 the PCN should be put on hold.
Sincerely,
The Registered Keeper

In addition to this, you should also challenge their statement that,

"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."

Tell them that this is at best a genuine mistake, and at worst a blatant lie. There is no such stipulation in the POFA 2012 and they should know better.
Both the CRA 2015 and the POFA 2012 are compelling in law, and supercedes any unregulated code of practice their incestuous trade association may imply.
You will use their misleading statement in court against them if they decide to proceed further.

Gin_and_Milk

Thanks for all your help, you've all been great. I have a very industrious weekend ahead of me it would seem!

Gin_and_Milk

Another quick question - is she right when she states that they are not legally obliged to inform me who their client is?

Umkomaas

Gin_and_Milk wrote: »

Another quick question - is she right when she states that they are not legally obliged to inform me who their client is?

They are not obliged by anyone/anything to inform you who the landholder is, so if they're not prepared to 'cough' at first asking, you'd be banging your head against a brick wall chasing them up on this.

Try Google, the local council, local Valuation Office, any retailer(s) attached to the car park, or for ~£3, you can get official confirmation from the Land Registry.

Gin_and_Milk

I do know they were contracted by Mecca Bingo, so I will contact their head office to inform them of Minster Baywatch's 4% illegal surcharge.

Coupon-mad

I'd be telling them a lot more than that - and insisting the PCN is cancelled by Mecca.

4sibbs

I would ask for a copy of the contract they have with the land owner, they say they are employed by them which indicates they are paid a salary.

This is not the usual practice because their income is generated by 'ticketing' & often the parking company pay the land owner to operate on their site. It is unlikely they will want to let you see the contract because if they are not employed they have lied & misled you & you could report them to the BPA therefore simply asking the question might make them back down, definitely worth a try.

Gin_and_Milk

Thanks for that. It seems as though they're under no obligation to tell me who the landowner is, so that being the case are they under no obligation to show me a copy of the contract either? It's all very confusing!