UKPC PCN - Missed Poplar deadline

Oli_rob

Hi,

Some advice would be appreciated.

A 'Parking Charge' was received 6/6/17 on windscreen at West Mid Uni Hospital. Did not appeal to the hospital.

I am the registered keeper, but it is a lease vehicle.

I appealed to UKPC, and received a negative reply with a POPLA code on 6/7/17.

With it now being 15/8/17 I have missed the window for appealing to POPLA.

Is it worth still trying to appeal to POPLA? I haven't been able to find any examples of successful exceptional circumstances that would allow me to submit a late appeal.

I haven't received anything in the post yet. Is the alternative option to just ignore this?

Many thanks for your help in advance

Quentin

Everyone is politely asked to read the newbies FAQ thread near the top of the forum before starting a new thread

Read up there now. You are in the debt collectors stage.

You couldn't appeal to the hospital anyway but can still try a complaint to Pals at the hospital

Redx

if the popla window is still open (usually up to 33 days) then just put in a generic popla appeal based on similar appeals at other hospitals or ukpc etc (from 2017)

and also complain to PALS and to your local MP too

if popla have closed the door , you cannot appeal to them , period

ukpc may try a court claim within 6 years , so try and nip it in the bud asap

Fruitcake

I would put in a PoPLA appeal anyway, then if it is refused and the scammers try court, you can quote something like this to the judge.

The Alternative Dispute Resolution (ADR) Act 2015 states that appeals must be allowed for up to one year after the scammers have rejected the initial appeal.

http://www.legislation.gov.uk/uksi/2015/542/pdfs/uksi_20150542_en.pdf

Schedule 13

Grounds to refuse to deal with a dispute

13. The body (PoPLA) 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; Not relevant, the OP has appealed to UKPC

(b) the dispute is frivolous or vexatious; Not relevant. The appeal is valid

(c) the dispute is being, or has been previously, considered by another ADR entity or by a court; Not relevant if PoPLA has not accepted the appeal because it is too late according to their made up rules

(d) the value of the claim falls below or above the monetary thresholds set by the body; Not relevant The body has not set a limit

(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; Not relevant as long as the OP appeals

(f) dealing with such a type of dispute would seriously impair the effective operation of the body. Not relevant. It is precisely what PoPLA has been set up to do.

Since none of the above apply, it is the will of parliament that ASR should be allowed for up to one year after UKPC issued their initial rejection.



Personally I believe any refusal of PoPLA because it is outside the 28 day window should result in a complaint to the DVLA, and of course the motorist's MP quoting the relevant parts of the Act. In fact, in my opinion, the wording implies that ADR should be allowed if the initial appeal deadline to the PPC has been missed if they say it's now in the hands of debt collectors.

"provided that such time period is not less than 12 months the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer."

Coupon-mad

I appealed to UKPC, and received a negative reply with a POPLA code on 6/7/17.

With it now being 15/8/17 I have missed the window for appealing to POPLA

Did you try the code, to log into POPLA? No longer working?

Oli_rob

Yes unfortunately my code is not working

"The number you entered appears to be invalid or may have expired. Please contact the private parking operator"

What is the likelihood of UKPC to take this to court?

Thanks for everyone's help

Quentin

As they have 6 years to take court action no-one knows what is likely to happen over that period.

Coupon-mad

What is the likelihood of UKPC to take this to court?

You'd know that from post #2 of the NEWBIES thread, it tells you how to find out court likelihood.