NCP final notice for overstaying

ohhdeeear

Hi can anyone help please! I'm going round in circles/jumping through hoops to no avail!!

Although I appealed to POPLA after spending ridiculous amounts of time researching how to write an appeal etc, after all that I've been denied the chance to have my appeal properly heard based on a very poor decision by the assessor.

I've complained to POPLA's lead adjudicator about the assessor refusing not to include my evidence/submission at the appeal stage more than a month ago and have had no reply whatsoever. I only have the basic popla info or complaints email addresses and not the direct one for the lead (J Gallagher?).

Basically POPLA complaints acknowledged during the appeals process that their portal was experiencing technical problems so appellants' documents have not been uploading properly as part of their submission - as in my case. Although I uploaded my document within the time frame, I only discovered much later when the operator provided their evidence pack, that my submission had not properly uploaded/ been included (there is no way of checking if your uploads have properly attached afterwards). I complained and emailed through my appeal document and the rebuttal as a document, with supposed assurances received these would be attached to my case and included for the appeal.

However, when the appeal came to be reviewed, the assessor simply decided he would not review my appeal submissions purely because they had not been provided (uploaded) at the time, despite POPLA complaints acknowledging it was their error not mine. On that basis alone, with none of my evidence or arguments included, of course my appeal was unsuccessful.

I've written by email and directly by post to J Gallagher at Ombudsman Service about this admin/ procedural error but have had no acknowledgement of receipt for either. Even my MP has written to POPLA reiterating that I've raised this complaint.

Is there any way I can get POPLA to properly review this case? I thought my arguments would be enough to have the PCN overturned (POFA 2012 non compliant, poor signage, etc as operator didn't provide evidence to dispute these, and could not prove PCN had been issued correctly). Now after all my pointless effort, I've got first 'debt collector' letter, and would like to fend off the debt guys and operator by getting them suspend while the POPLA complaint is properly investigated.

Any advice please?


Here's complaint email sent to POPLA:


FAO John Gallagher, POPLA Lead Adjudicator

Dear Mr Gallagher,

It would seem, that despite all POPLA assurances following the acknowledged technical problems with your portal, any appeal and comments evidence I provided as PDF documents have not been included as part of the case file nor considered by assessor Stuart Lumsden, who refused to view the appeal evidence due to it being "uploaded their grounds after the appeal was raised". As demonstrated in this email correspondence, there have been technical difficulties with your portal, admitted by POPLA, and which mean appellants like myself have unwittingly been unable to upload appeal documents successfully, and therefore left unaware that uploading failed. This leaves appellants at a severe disadvantage in having a fair hearing of their case in your appeals process, if they are prevented from having their appeal evidence admitted, or subsequently admitted due to extenuating circumstances when POPLA is clearly at fault.

Also as comments made in red below on the assessor's report signal - there are concerning inaccuracies and assumptions made by your assessor, particularly as the assessor refused to include and view the appeal and rebuttal comments provided on the technicality that supposedly it was not provided in time. If your system was robust and fit for purpose, then an explanation would/should have been provided to assessor, ensuring that appeal and comments evidence was included and heard due to the extenuating circumstances, namely your portal's technical failures and subsequent assurances that appeal and comments would be included.

Very worryingly, your assessor wrongly asserts that the appellant identified as the driver - it is not clear how he thinks he knows this as he does not identify the evidence for this, whether it has come via the operator or the appellant in some form. This is not a transparent process if this assertion cannot be tested and the appellant cannot see what evidence the assessor sees or the operator has provided. I have not seen any evidence from NCP in their evidence pack to show that the driver's identity was ever given or confirmed, and appellant made repeated statements that the driver's identity would not be confirmed. Your portal does not make available for viewing any evidence provided for the assessor, if there was subsequent evidence provided, only the basic pack evidence from operator, which is no longer available on portal at the decision stage. The pack evidence provided, which the appellant saw, clearly did not include evidence about driver identity. I cannot see how this assertion about driver's identity being confirmed would stand up in a court hearing.

Also the assessor claims that the operator provided photo evidence of signage !- the appellant has not seen any signage evidence in the operator's pack, either current or concerning the date in question. If the appellant's appeal had been admitted and considered, as it should have been - then the assessor would have had to consider that driver liability has not been proven, and that the operator had not proven that all correct signage was in place by the date in question, when the operator was still undergoing a changeover in signage from the previous operator's signage.

This demonstrates a lack of transparency in your appeals process and a lack of due process, which prevents appellants being able to fight unfair parking operator charges. I will be forwarding this complaint to my MP.

Regards,

xxxxxx

Coupon-mad

I've written by email and directly by post to J Gallagher at Ombudsman Service about this admin/ procedural error but have had no acknowledgement of receipt for either. Even my MP has written to POPLA reiterating that I've raised this complaint.

Is there any way I can get POPLA to properly review this case?

I think you have done all you can and must await a reply, especially as your MP has added weight to your complaint.

If no joy or no reply within, say, 21 days, escalate the complaint to Mr Vickers:

https://forums.moneysavingexpert.com/discussion/comment/75730554#Comment_75730554

ohhdeeear

If anyone can help draft a response to operator and debt collector to put their pursuit on hold/call off debt letters while POPLA stage being investigated - would be gratefully received!!
Many thanks!

Coupon-mad

No need, join our LOLs and yawns about the silly letters.

Do not respond to the threatograms.