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I believe I got a ticket thanks to a faulty machine, but my appeal was rejected

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Comments

  • blizeH
    blizeH Posts: 1,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thank you! I've just read their FAQs about complaints and have sent them an email with your wording :)
  • blizeH
    blizeH Posts: 1,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sure enough I received a strongly worded letter today stating that if I don't pay within 28 days they will call in the debt collectors and be in contact with the county court :/


    Haven't heard back from POPLA yet, but very early days.
  • blizeH
    blizeH Posts: 1,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 February 2019 at 4:57PM
    Your complaint about POPLA

    Thank you for your email dated 28 January 2019, which was passed to me by the POPLA team as I am responsible for responding to complaints.

    I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against NCP Ltd.

    POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.

    I have reviewed the assessor’s decision and I am satisfied that the outcome reached is correct.

    I note you claim that there has been a procedural error as the assessor has failed to consider or missed your evidence.

    POPLA take all complaints seriously and as such I have reviewed the decision made by the assessor, however, am unable to find evidence of the screenshot in question.

    This evidence was not uploaded to the website and as such the assessor was unable to consider it within her assessment.

    Having reviewed the assessor’s decision I am satisfied that there has been no procedural errors made during the assessment of this appeal.

    As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.

    As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).

    In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter.
    Is there anyway to see the documents I uploaded? Now that the appeal is at the end when I login I cannot see any documents - either the ones I've uploaded, or the ones NCP uploaded.


    I am absolutely certain I attached a screenshot showing the transaction.
  • Umkomaas
    Umkomaas Posts: 44,056 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You won't be able to directly access them if you can't log in.

    You could try a SAR to POPLA asking for all and everything submitted to them relating to you. A long shot, to see if there is evidence they received what you're looking for.

    I'd let this go cold for a few weeks, let the dust settle, let their memory fade on the case.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • blizeH
    blizeH Posts: 1,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks - I can login, but I can't seem to be able to go back to see my submission, only a tick to say I did submit something :(
  • blizeH
    blizeH Posts: 1,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Haven't heard back from POPLA yet, but I have received a letter from 'ZZPS' basically saying that not only do I owe £100 for the parking charge, I owe them a £70 administration fee, and if I don't pay now they look at issuing legal proceedings against me and the balance will be increased by £36.


    My wife is keen just to pay and put it behind us, but I feel like I have a relatively strong case here - just wondering, if they do take it to county court, would the most I would be liable to pay be £206? If so, that's only £36 extra to contest it, which seems like the smart thing to do.


    Thanks
  • Coupon-mad
    Coupon-mad Posts: 157,773 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send a SAR to POPLA, address it for their Data Protection Officer, and ask for all data held and documents uploaded (including an interrogation by their technicians) for any data that was attached on the date you appealed, but failed to upload.
    if they do take it to county court, would the most I would be liable to pay be £206?
    Less than that. ZZPS have inflated it.

    And we win 99% of cases, so please tell you wife this scam needs defending.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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