Late POPLA appeals

Renault-bear

Hello,

I have taken on board the pinned thread comments but don't feel this is covered - so hope it is ok to ask for advise!

I appealed a PCN I received which claimed parking session expired or unpaid - background: car park free for 30 mins, but had to enter your car reg. I missed this, parked up, rushed off to the shop and returned in 17 minutes. Appealled and of couse rejected. I was then advised to just ignore the letters/ any responses which I did.

Stupidly, I think I should have just appealed to POPLA but this expired 28 days ago. Has anybody had success with a late POPLA appeal? Or am I now best to just leave it and see what comes through next?

Many thanks for any advise in advance.

yotmon

I don't think that Popla would entertain a late appeal unless there were at least some extenuating circumstances. By ignoring the opportunity to appeal wouldn't be one of them.

Who was the ppc and where did it occur ?

Renault-bear

Thank you for your reply - I thought as much. Feeling rather silly for taking that advise now. You live and learn!

It's premier park - they have chaged a lot of people with the same charge. It used to be free 30 mins, no need to enter reg, they changed it and caught lots of people out even if they were within the 30 minutes. I belive POPLA have recently revoked some of the charges for those who have received the PCN but had returned within 30 mins as the charge is unreasonable and not fair.

I am debating to pay to get rid of it - it is causing unnecessary stress!

Coupon-mad

Not a dilemma at all. Don't do it please!

Read this that we post all the time when people are wavering and think paying is the easiest way out:

https://forums.moneysavingexpert.com/discussion/comment/71555118#Comment_71555118

You want to beat them or join them? They rarely try court (less than ten per year out of 60,000 tickets, and we beat PPCs at court, most of the time):

http://www.bmpa.eu/companydata/Premier_Park.html

Here is another thread exactly like you:

https://forums.moneysavingexpert.com/discussion/5562028

Read the advice there, loads of people ignore these letters. Please don't support them!

Fruitcake

There is nothing stopping you from making a late appeal to PoPLA. The UK Government has stated that Alternative Dispute Resolution (independent appeals) must be allowed for not less than one year.

Legislation here.

http://www.legislation.gov.uk/uksi/2015/542/schedule/3/made

The relevant part is Schedule 3, Section 13. As long as none of the items below apply, they should allow a late appeal. They will probably tell you that you are too late which is why you should quote the legislation. If they refuse and it ever went to court, you can tell the judge that PoPLA has gone against the will of parliament and against government regulations.

Grounds to refuse to deal with a dispute

13.!!The body may only refuse to deal with a domestic dispute or a cross-border dispute which it is competent to deal with on one of the following grounds—
(a)
prior to submitting the complaint to the body, the consumer has not attempted to contact the trader concerned in order to discuss the consumer’s complaint and sought, as a first step, to resolve the matter directly with the trader;
(b)
the dispute is frivolous or vexatious;
(c)
the dispute is being, or has been previously, considered by another ADR entity or by a court;
(d)
the value of the claim falls below or above the monetary thresholds set by the body;
(e)
the consumer has not submitted the complaint to the body within the time period specified by the body, provided that such time period is not less than 12 months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer;
(f)
dealing with such a type of dispute would seriously impair the effective operation of the body.