Is this worth appealing or just paying? Please help

Danlad99

Just an update, and what to do next?

I sent a variation of the template appeal to the PPC, which gave an auto-reply email saying your account has been placed on hold and we will consider and contact you in due course, *if you dnot hear from us after 14 days do not assume your notice has been cancelled, make contact with us to be updated on the the status of your appeal.

It has been 20 days now. Should I contact them for an update asking for my popla code?

KeithP

Danlad99 wrote: »

I sent a variation of the template appeal to the PPC...

Why did you do that?

Danlad99

It says so in the sticky at the top, to appeal the notice to keeper and request a popla code

I've not done something wrong have I?

KeithP

Oh... it was the word 'variation' that surprised me.

I thought that after the earlier discussion it would be a vanilla template appeal that you would send.

Danlad99

No, I didn't vary it too much, just written in my own words. Someone said there's no point bringing up the numerous points where the ticket fails to be valid, because they just reject it anyway, so save it for POPLA.

My question though now is, since they still haven't replied, and they say to contact them if nothing has been heard from them after 14 days. Do I need to contact them to find the decision of the appeal, and if so, by email again replying to their email?

KeithP

Another point of sending the template appeal as it is, is that it is recognised as coming from MSE and the PPC may realise they have a fight on their hands and give up.

Anyway, we're past that now.

Sorry, I cannot help with your current question.

nosferatu1001

Why bother?
After 35 days the appeal is deemed accepted. BPA Code of PRactice.

Danlad99

Just an update guys:

They sent a rejection email and popla code as anticipated. Just to point out though, the initial appeal to the PCC said, like the template, all correspondence to be by letter, howeve do any of these make any difference, or best to ignorer:


(1) this came by email, rather than then post as specifically requested in the PCC appeal.

(2) they spelt the name wrong, missing out numerous letters so the name is not really legible

(3) The reply states the appeal is rejected, then states ways to pay. However, it has not even been established who the driver was, which means I am assuming they are just expecting the keeper to pay. However their initial first contact (NTK) was sent after the 14 days pofa requirement, but no where in the letter did they state the keeper would be liable if no name is provided of the driver. They just asked to pay if keeper was the driver, and if not, to provide the driver details. And in the rejection letter, which essentially takes you back to the start, they have not asked who the driver was, but just a pay here sllip lol.


Do I ignore all the above, or are any case points that can be mentioned in the popla appeal, and if so how would I word them to highlight them falling foul of BPA code of practice

Thank you

nosferatu1001

1) Nope, not important. You cannot bind them to your request
2) Meh, its a rejection letter for an appeal against an INVOICE, so there is no "procedural" errors that are at all important.
3) Yes, and? Thats standard for them.

Ignore all the abvoe, apart fro mteh prt where the NtK does not warn the keeper they will become liabke Because that means they arent using POFA, and the Keeper appeal to POPLA WILL WIN on that point.

Danlad99

Thank you for the help/. Fro the wording of the originial point of contact, the NTK, i'm not 100% sure if they state that the keeper will become liable. Could someone read the letter to see if it falls foul of POFA rules, both on the dates, and the wording.

Here is the first point of contact, the NTK: (need to click the + button to zoom in, then drag to scroll|)

https://drive.google.com/open?id=1Cwyy7tzU8b7n8xctmnjNQ5ezqycpJpEU

https://drive.google.com/open?id=1gwEOJHBDZeabcKbLvyHhPStqDkmBkwXp


Edna earlier poited out it falls foul, however, they dont even appear to stating keeper liability in the first place, so irrespective of dates, it doesnt comply anyway?

Edna_Basher wrote: »

Yes, the PCN was delivered outside of the relevant period for the PPC to be able to use Schedule 4 of POFA to claim unpaid parking charges from the keeper.

• Date of parking event: Tuesday 17 July 2108
  
• Relevant period: 14 days from Wednesday 18 July - Tuesday 31 July 2018 inclusive
  
• Date PCN posted: Wednesday 1 August 2018
  
• Date PCN deemed delivered: Friday 3 August 2018 = outside of the relevant period

So long as the driver is not revealed, even the weakest POPLA assessor should understand that this PCN does not comply with POFA.

And if this is the case, given that I dont fully understand POFA, what is the best way to put into wording that the PCC falls foul of POFA on two points in the POPLA appeal, as especially when (and including, the 2nd point being) their rejection letter to the NTK that basically says we reject your appeal, followed by if you do not make payment, the outstanding PCN will be passed to our appointed debt collection agency for further action and all costs associated with this process will be added to the amount outstanding.