FISTRAL BEACH, Newquay, Inital Parking.. please help!!

MinnieSox9

Can I ask, I’m a bit worried in regards to the next steps, is this at all going to affect my name on anything, as I’m due to get my first mortgage approval in January for first house??

Umkomaas

MinnieSox9 wrote: »

Can I ask, I’m a bit worried in regards to the next steps, is this at all going to affect my name on anything, as I’m due to get my first mortgage approval in January for first house??

On what basis?

'...affect my name on anything' Can you be more specific?

Le_Kirk

No mortgage company would refuse a mortgage due to a PCN! They might if you had a CCJ but to get one of those you have to have been to court and lost and failed to pay in time.

MinnieSox9

As in regards to if I start getting debt collectors letters etc? Will that put a black mark against my name. If that makes sense? Sorry the whole things just a bit stressful ����

MinnieSox9

Thanks Le-Kirk, that’s the kinda thing I was talking about! Thanks for the clarification, just something that was in the back of my mind that’s all

Umkomaas

The only prospect of anything 'affecting your name' would be if this went to court, you lost, the Judge ordered costs against you and you refused/omitted to pay them by the due date. So everything is under your control in this regard.

Stop panicking!

MinnieSox9

Haven’t recieved anything back from POPLA yet regarding my complaint, they emailed me on the 8th saying I’d receive a reply in due course, *rolls eyes*

Umkomaas

they emailed me on the 8th saying I’d receive a reply in due course

That's only a week past. I'm afraid their sense of urgency doesn't necessarily revolve around yours.

Le_Kirk

My research (I asked Auntie Google) suggests that POPLA have 28 days to respond.

MinnieSox9

Okay I have had a response just now from POPLA! Sorry it’s long but please see the below

Dear Courtney Leaver – Gritter



Your complaint about POPLA



Thank you for your email dated 7 November 2019, which was passed to me by the POPLA Team, as I am responsible for responding to complaints.



I appreciate the time you have taken to write to us as we take all complaints about our service very seriously.


I note from your email that you are unhappy with the two appeal outcomes reached in cases, 4062149009 and 4062149011. You state that you feel procedural errors have been made which have resulted in your cases being refused.



I have reviewed your concerns and have provided my response below.

You state that both assessors have misinterpreted PoFA 2012 under schedule 4 paragraph 9.



You have referred to case 4062149009, where Stuart has stated the following in his report: -



“The appellant explains that the NTK sent by post fails POFA 2012. I note the appellants comments and have reviewed the NTK, I must point out that it does comply with POFA, only just, the breach date is 3rd July, as stated in POFA the 14 days starts the first working day after the breach, as such the appellant has confirmed this was received on 18 July, day 14.”

Having looked at the notice to keeper sent, I am satisfied that the assessor was correct to state that this has met PoFA 2012. The date of the alleged contravention was 3 July 2019 and the notice was dated, and issued on the 16 July. Day one will begin on the 4 July as this is the day after the alleged offence. The 14th day would be the 17 July. In your case, the notice to keeper was issued within the 14 days as it was sent on day 13. I note that you may not have received this in the post till day 15 however, this is not an issue I can comment on.



I must refer to PoFA 2012, paragraph 9 where it states:-

“The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales”.

As I have not received any form of proof that the notice to keeper was not delivered within the relevant timeframe, I must be satisfied with the assessor’s judgement.

Having looked at case reference 4062149011, where Adele Brophy has stated the following in her report:-



“The appellant has advised that the Notice to Keeper Sent by Post Fails to meet the requirements of PoFA 2012. I have reviewed the PCN in line with Paragraph 9 Section 2 and 5 of PoFA 2012 and I am satisfied that it has complied with the above. Whilst the appellant may believe that the PCN was incorrect because they did not receive the letter until 18 July 2019, the operator has issued the PCN within 14 days from the day after the parking event”.

Again, having looked at the notice to keeper sent, I am satisfied that the assessor was correct to state that this has also met PoFA 2012 as the dates are the same as your previous case.

Whilst I also note that you state that Adele has contradicted what Stuart has said in his report regarding whether you were identified as the driver, I do not consider this to change the outcome. Each appeal is assessed on its own individual merit, cases are not compared, and it is down to the assessors judgement in each case. I believe both assessors have applied reasonable judgement to the facts of each case and both outcomes are correct.



I would like to advise you that our impartial POPLA assessors go through a rigorous recruitment process and are subject to an intensive training scheme prior to working live cases. After a robust accreditation process, assessors have regular quality assurance checks on their work to ensure that processes are being followed correctly and decision accuracy remains high. Your appeals were independently reviewed by two of our professional assessors taking into consideration the relevant law, guidance and standards and the BPA Code of Practice.



While I understand this is not the outcome you had hoped for, our involvement in your appeal has now concluded. If you wish to further dispute the issue of the PCN, this will be between yourself and the operator directly.

As we have reached the end of our process, it will not be appropriate to respond to any further correspondence on this matter. For clarity, if you choose to send us further correspondence, it will be noted but we will not respond.

Yours sincerely,

Ashlea Forshaw
POPLA Complaints Team