Appeal rejected, POPLA expired - help needed

walking_alone88

Hi all,

Apologies - a bit of a messy one here.

I received a PCN from Park Watch in Feb this year as keeper. It alleged that the driver was parked on private land. I foolishly allowed my partner to submit the appeal, which he did on the grounds of unclear signage - the signage is not visible from the street, so you have to enter the car park to read T&Cs.

Now months have gone by, and my partner claimed to have received no response. I have since received numerous debt recovery letters. I then recently submitted a complaint to the BPA for various breaches of code of conduct - no POPLA code etc.

BPA have just got back to me saying that a response from Park Watch was actually sent way back in February - so can only assume it went to spam and my partner missed it. Of course this response says that the appeal was rejected, and a POPLA code was provided.

The POPLA code has now expired, so I can no longer raise a POPLA appeal. Is there anything I can do now, other than wait for a court summons?

A couple of other details, and I'm desperately hoping one might help:

- Park Watch allege that the driver was "parked" for seven minutes, which surely falls within a grace period to review the signage and T&Cs of parking?
- The appeal requested photographic evidence of signage etc, which was not provided by the parking company.
- The response to the appeal came from a different email address, hence why it is probably in spam (I'm guessing this is irrelevant, and just an annoying tactic used by parking companies to screw with people).
- My partner chased the original appeal several times - their replies didn't say that the appeal had been lost and just fobbed him off (as above, probably irrelevant).
- After my second debt recovery letter, I emailed the parking company stating that as I hadn't received a response from them that any further letters would be considered harassment until they had responded to the appeal. Again they didn't correct my ignorance, and I received further threatening letters.

Please let me know if any more details will help. This is all pretty frustrating and I'm really cross with myself for getting to this point!

Thanks

Redx

No summons will arrive as it's not a criminal matter

A moneyclaim is likely to come from the claimant via the CCBC in Northampton

The only option for you at the moment is a landowner cancellation

Coupon-mad

This will be defendable on lack of grace period, if they try a claim, so sit tight!

walking_alone88

Thanks for the advice - I've been back to the site and found the name of the landowners so am attempting to contact them.

Also spotted that it's actually a "permit only" car park - does the grace period still apply?

Thanks!

Redx

download and read the BPA CoP and check out clause #13 about "grace periods" to see what applies with BPA members

walking_alone88

I have looked at the CoP and to a layperson like me it looks like the grace period still applies, but I have already had a complaint to the BPA rejected on this matter so I have no clue anymore..!

fisherjim

walking_alone88 wrote: »

Thanks for the advice - I've been back to the site and found the name of the landowners so am attempting to contact them.

Also spotted that it's actually a "permit only" car park - does the grace period still apply?

Thanks!

Of course it does or how else would you be able to ascertain that it was a permit only car park?


13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.

The_Deep

These are not fines, they are private invoices for the damage the PPC alleges they suffered when, allegedly, you breached a contract they allege you had agreed with them, we call them scams. They only need to be paid if a judge so directs,

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.