Popla appeal preventing withdrawal of pcn

Tysc123

the PCC is Civil Enforcement.
Seems odd that they haven't done that yet having read the BPA code of practise - clause 7.2 on permission of landowner seems relevant .


Should I copy them in on the letter to BPA ?

waamo

I wouldn't bother with the BPA but if they don't withdraw from POPLA then use that letter at rebuttal stage. Just tell POPLA they don't have landowner permission contrary to the Code of Practice.

Tysc123

Tried that . The owner has written again to the operator requesting that they withdraw the PCN.
However, CE are adamant that they have to wait for the POPLA decision before they can do anything and therefore won't even indicate, let alone confirm, that they will withdraw the PCN before the appeal deadline.
How can other operators manage to do this but not CE ? What am I missing ?
Is my only recourse to let POPLA know in my response to their response and hope they see sense and then continue the fight?

KeithP

Tysc123 wrote: »

How can other operators manage to do this but not CE ? What am I missing ?

You appear to be missing the fact that this is an entirely unregulated industry.

The parking companies make up their own rules.

If one operator manages to do something, that is not an indication that every other operator, or indeed any other operator, is going to do the same thing.

waamo

Tysc123 wrote: »

Tried that . The owner has written again to the operator requesting that they withdraw the PCN.
However, CE are adamant that they have to wait for the POPLA decision before they can do anything and therefore won't even indicate, let alone confirm, that they will withdraw the PCN before the appeal deadline.
How can other operators manage to do this but not CE ? What am I missing ?
Is my only recourse to let POPLA know in my response to their response and hope they see sense and then continue the fight?

CEL are a strange beast. It doesn't surprise me to be honest. Now I would contact the BPA and tell them they are persuing you contrary to the code of practice.

Send it as a CoP complaint and ask for sanctions to be applied. Don't say you want the ticket cancelled or anything like that. The idea is that they will always ask an operator to cancel rather than sanction them.

If you complain they've breached the CoP it doesn't leave room for the BPA to say they can't interfere with a POPLA appeal. If you complain they won't withdraw from POPLA the BPA will attempt to wiggle out of doing anything.