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

MinnieSox9

How do I find the “POPLA decisions sticky” thread? I tried searching but can’t locate it

Umkomaas

MinnieSox9 wrote: »

How do I find the “POPLA decisions sticky” thread? I tried searching but can’t locate it

Simply hit your 'Back' button and it's the very first thread on the thread list, it's right under your nose.

MinnieSox9

Hi, how does the below sound for an email to John Gallagher again...


FORMAL COMPLAINT – FAO: MR. JOHN GALLAGHER

Good Morning,

REF: 4062149009 / 4062149011

I recently appealed two Parking Charge Notices through the POPLA service, and I strongly believe procedural errors have resulted in both of my appeals being refused.

This complaint is to bring to your attention a procedural error made by two assessors that has led to two incorrect POPLA appeal decisions, and in addition to this is the reply to my complaint by Ashlea Forshaw.

To clarify both NTK are from Initial Parking LTD for 3rd July.!

BOTH Stuart and Adele have interpreted PoFA as “14 working days”, whereas the Schedule actually states “14 days” – the significance being that weekends & bank holidays are counted within this time line.

As stated in my appeal; for keeper liability to apply, PoFA 2012 Schedule 4 (paragraph 9, sub-paragraphs 4b & 5) states that a Notice to Keeper must arrive at the Keeper’s address within 14 days beginning with the day after the period of parking ended. The Notice to Keeper in this case was dated the 16th July 2019, however it arrived two working days later on 18th July, which is the 15th day after the 3rd July alleged parking event. This is also supported in PoFA 2012 Schedule 4 (paragraph 9, sub-paragraph 6) and the Interpretation Act 1978 “presumed…to have been delivered…on the second working day after the day on which it is posted”. The Notice to Keeper therefore arrived a day too late for keeper liability to apply and therefore fails the PoFA 2012.

Timeline:

3rd July – Date of alleged event - Day 0!

4th July - Day 1 ! !Start of PoFA Schedule 4, Para 9 timing of 14 days

5th July - Day 2 ! !

6th July - Day 3 ! !

7th July - Day 4 ! !

8th July - Day 5 ! !

9th July - Day 6 ! !

10th July - Day 7 ! !

11th July - Day 8 ! !

12th July - Day 9 ! !

13th July - Day 10 ! !

14th July - Day 11

15th July - Day 12

16th July - Day 13 Date of Notice on NtK. POFA 2012 Schedule 4 (paragraph 9, sub-paragraph 6) and the Interpretation Act 1978 timing commences “presumed…to have been delivered…on the second working day after the day on which it is posted”.

17th July - Day 14 (1st working day after NtK posted)!

18th July - Day 15 (2nd working day after NtK posted) Date deemed delivered by PoFA - the law of this country.

Not only do Stuart and Adele display a total misunderstanding of PoFA, more worryingly so does Ashlea Forshaw. They have all incorrectly interpreted PoFA Schedule 4, Paragraph 9.

The law (PoFA Schedule 4 para 9[6]) is very clear that .......
(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.
The 'second working day' was 18 July 2019, and therefore day 15, one whole day outside the strict requirements of PoFA (the law of this country). Unless Initial Parking is able to 'prove to the contrary', POPLA cannot make any assumptions contrary to the law, doing so not only undermines POPLA's credibility to deal with relatively clear legal points which have important implications for the motorist, but your refusal to overrule your Assessors error, suggests a bias not in the interest of the motorist.

I urge you to re-examine PoFA Schedule 4 para 9[6] and further reconsider what is now a further compounding of the two earlier procedural errors.

In regards to the timeline; ‘The Interpretation Act’ refers to any Act where documents are sent, served, or given by post, therefore the PoFA is included.

Interpretation Act 1978
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression ” give ” or ” send ” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Practice Direction [1985] 1 All ER 889 states that, unless the contrary is proved, First class mail is deemed delivered on the second working day after posting, and Second class the fourth working day after posting. “Working Day” means Monday to Friday not including Bank Holidays.

This means the PoFA isn't the only regulation that applies when documents are posted.

Your sincerely

Le_Kirk

You might want to remove those spare "!"

Coupon-mad

You need to refer to Brucella's case and the email from the Sector expert and say you KNOW it's wrong and that POPLA have admitted their Assessors need retraining.

State this near the end. Say that your purpose for complaining in detail is threefold:

(a) to show that Brucella's case was not a one-off, and
(b) because you will need POPLA to admit they were wrong about the POFA, in writing or by email from Mr Gallagher or the Sector expert again, to assist you in court when the parking scammers sue you (use the word scammers, or sharks of you prefer - POPLA need to know what they have done) and
(c) you think you are at least owed an apology, as POPLA have failed to understand the only law they have to apply to these cases and if consumers can understand the simple Schedule 4 timeline better than POPLA Assessors, and even when a complaint is made, yet more 'complaint team' Assessors still get it badly wrong, then the service is broken and not fit for purpose for consumer use.

Umkomaas

^^

Definitely include all of that. One right into the solar plexus, as per usual from CM.

MinnieSox9

Yeah I didn’t mean all of those !!! Not sure what happened there.


I’m not sure what you mean by email from the sector expert?

Coupon-mad

That was what Brucella gave us all to use in future, you as well!

MinnieSox9

Hi, I’ve just called and spoke to
BPA in regards to advice from Brucella, the woman I spoke to doesn’t agree with me, and is saying the NTK applies, as the day after the alleged is 4th of July + 14 is 18th July when it was received. I tried to explain if you count it as
4th July Day 1
5th July Day 2
Etc etc
Then 18th July is day 15 which is outside?

She doesn’t agree with me, not really sure where I should go from here

KeithP

MinnieSox9 wrote: »

Hi, I’ve just called and spoke to
BPA...

She doesn’t agree with me, not really sure where I should go from here

Did anyone suggest you call them?

You need to write.