UKPC took too long to respond to appeal, should I still POPLA appeal?

MA61

Hi all

I guess I should be an expert after winning at County Court a couple of years ago and my court report finding it's way into the Sticky. But alas, here I am again. I have done the reading I hope, cos I know how frustrating it is for people to come here and expect to be spoonfed, BUT would appreciate advice on this one please

• UKPC ticketed vehicle on residential land
• Vehicle was not parked in parking bay
• Made the appeal online in 2018, got auto email confirmation from UKPC (I assume this fulfils the requirement under Para 22.8 BPA CoP for confirmation within 14 days)
• UKPC sent a letter fishing for driver's name and address about 3 weeks later, which I of course ignored.
• Letter received 73 days after online appeal rejecting appeal (and 49 days after fishing letter asking me to name driver).

Seeing as this breaches para 22.8 which states that:
"If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject
the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist."
https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf


I am unsure what my next step is, I am sailing close to the wind for the POPLA deadline. Currently my two points of defence are: They missed the BPA CoP deadline; Primacy of contract (in the lease which I have gone and read). But not sure in practical terms what this means. Do I point out they messed up in a POPLA appeal? Do I ignore them? Do I write to them and blow a metaphorical raspberry for not fulfilling the deadline in the CoP? I'd like to put this bed as swiftly as possible.

Thanks, as ever, in advance for your help!

Coupon-mad

It's not about missing a deadline in the CoP. It's about the NTK arriving far too late for keeper liability in law.

Do you fancy doing a single point POPLA appeal citing para 8 of the POFA?

nosferatu1001

The deadline is no such thing. Read it agin, it's only a should, and doesn't say what happens if they miss it.

Lease is the way to go. Make them prove standing with the landowner - if this is the lease holder, then they could struggle!

twhitehousescat

now this looks to be the second case today regarding "fishing" https://forums.moneysavingexpert.com/discussion/5963963/ukpc-ltd-success-on-appeal

perhaps they have lost DVLA access

MA61

Coupon-mad wrote: »

It's not about missing a deadline in the CoP. It's about the NTK arriving far too late for keeper liability in law.

Do you fancy doing a single point POPLA appeal citing para 8 of the POFA?

The NTK arrived a month after the windscreen ticket. It's the response to my online appeal giving me a POPLA code which has arrived late.

MA61

twhitehousescat wrote: »

now this looks to be the second case today regarding "fishing" https://forums.moneysavingexpert.com/discussion/5963963/ukpc-ltd-success-on-appeal

perhaps they have lost DVLA access

I did email DVLA to ask, but haven't received a response yet. They have ticketed the vehicle before (last time I got the management company to overturn it) so I did wonder if they used those details to get my address for the NTK.

MA61

nosferatu1001 wrote: »

The deadline is no such thing. Read it agin, it's only a should, and doesn't say what happens if they miss it.

Lease is the way to go. Make them prove standing with the landowner - if this is the lease holder, then they could struggle!

Yes I am aware of this, and the fact the CoP has little legal force (and the force of 'should' in statutory guidance). This is why I'm asking the question. I don't know what this means in practical terms.

I don't want to have to go to court to make them prove standing with the landowner. I want the shysters to go away

nosferatu1001

UKPCA DONT go away
They're horrid parasites
Bit attack is good. Order them off the land
You have not said what the situation is or how it's granted

MA61

nosferatu1001 wrote: »

UKPCA DONT go away
They're horrid parasites
Bit attack is good. Order them off the land
You have not said what the situation is or how it's granted

Well I haven't really delved into this in any detail. The lease forbids parking outside the parking bays.

Where there is no primacy of contract the fact that there is no entrance signing is one of the things I would rely on in court.

OR the signage reads "no unauthorised parking" therefore there is no offer to park (outwit the parking bays) and therefore no contract.

I accept both of these points are tenuous and not solid enough to rely on.

MA61

Hang on! I think I might have spotted something - the NTK was too late? Alleged incident happened 20/8, the NTK is dated 21/9 and is considered to arrive 2 working days later. And Para 8 of Sch4 says:

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

So Coupon Mad's original point stands, yes?

EDIT: No Sh!te they have 56 days to send a NTK don't they. Hmm I didn't read the 28 days + 28 days thing properly.

twhitehousescat

nosferatu1001 wrote: »

UKPCA DONT go away
They're horrid parasites
Bit attack is good. Order them off the land
You have not said what the situation is or how it's granted

or UKPC both parasites , tho