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Help with first POPLA appeal

13

Comments

  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    Regarding second appeal after they should give popla code I need to refer to their evidence because as template says
    "You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle" and so they do have that evidence therefore I cannot repeat exactly first appeal template? Should I just reply with the part about vague template and and disputing parking charge and asking for popla code if they decide to reject second time?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes you can replace that part if you like. 
    Does the letter actually say it is time to make a second appeal yet, or not?
    If it doesn't offer the second stage appeal yet and just asks who was driving, then email back and say ''the driver will not be named so hurry up and cancel or give me my POPLA code''.

    If it does (usually it says appeal to the council/housing association) then say this, if true that the keeper wasn't driving:

    The keeper was not the driver and will not be naming the driver, and is aware that this is not 'relevant land' under the POFA and the NTK was also not worded to hold the keeper liable, so cancel this charge as you cannot win at POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    Yes you can replace that part if you like. 
    Does the letter actually say it is time to make a second appeal yet, or not?
    If it doesn't offer the second stage appeal yet and just asks who was driving, then email back and say ''the driver will not be named so hurry up and cancel or give me my POPLA code''.

    If it does (usually it says appeal to the council/housing association) then say this, if true that the keeper wasn't driving:

    The keeper was not the driver and will not be naming the driver, and is aware that this is not 'relevant land' under the POFA and the NTK was also not worded to hold the keeper liable, so cancel this charge as you cannot win at POPLA.
    At reverse of letter it says that if you were driver at the time of contravention the opportunity to appeal is no longer available and then it says where to send appeals which is not council but ipaymypcn via website or email. Then part that all appeals must be received within 28 days of days of this notice and Keeper made appeal 3 days after receiving the NTK therefore I do not get why they say the time to appeal has passed in first appeal rejection email? At last bit is that if your appeal is rejected you will be provided with details of popla number.

    This is what a draft for second appeal 

    RE PCN: (PCN Number)

    This is my second appeal as the keeper and again I dispute your 'parking charge. 
    I deny any liability or contractual agreement and I will be making a
    complaint about your predatory conduct to your client landowner.

    There will be no admissions as to who was driving and no assumptions
    can be drawn. Since your PCN is a vague template. I do not think that the time to 
    appeal has not passed because I was not the driver at the time of contravention 
    and I did find out about the 'parking charge' when I received Notice to Keeper.

    Once again I repeat the keeper was not the driver and will not be naming the driver, 
    and is aware that this is not 'relevant land' under the POFA and the NTK Was also
    not worded to hold the keeper liable, so cancel this charge as you cannot win at POPLA.

    As it says on the Notice to Keeper if you reject this appeal you should provide me with unique
    reference number that I can use to make appeal to POPLA.

    (Name of the keeper and address)

    How does it look like? I can as well add bank statements to prove that keeper was not at time and place of contravention.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes send that by email/online, plus evidence that the keeper was not the driver, and see if you then get a POPLA code.
    Who is the landowner?  Council?  Housing Association - which one?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    edited 27 February 2020 at 7:56PM
    Yes send that by email/online, plus evidence that the keeper was not the driver, and see if you then get a POPLA code.
    Who is the landowner?  Council?  Housing Association - which one?
    Are banking statements good enough?  I am not sure who is landowner. All I know from NTK that it is small parking at Garrads Walk, London NW109HS . I cannot find landowner information from evidence photo of parking sign on the wall on that parking.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is it these spaces?
    https://goo.gl/maps/snmdMzd6mHRYWQRVA
    Attach whatever you want to show the keeper was not driving that day.  If bank statement, then cover your balance and account number.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    Is it these spaces?

    Attach whatever you want to show the keeper was not driving that day.  If bank statement, then cover your balance and account number.


    I made a typo it was meant to be Garrard Walk NW10 9HS . I wish I could send you a link but I am not on forum long enough
    this is the parking if you place the camera ta St Mary's C E Primary School. and turn around 180 degrees. Just by the living blocks

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Here:
    https://goo.gl/maps/B3h68Ri9EuN1xo4t7
    No signs AT ALL at any of the bays and no marks on the road, nothing to make them look restricted or that there is a contractual charge for using those bays.  There are some signs on an opposite building wall, but hey...nothing in the bays! 

    Typical PPC scam.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    edited 28 February 2020 at 4:10PM
    Here:
    No signs AT ALL at any of the bays and no marks on the road, nothing to make them look restricted or that there is a contractual charge for using those bays.  There are some signs on an opposite building wall, but hey...nothing in the bays! 

    Typical PPC scam.

    Yes this is the exact parking! The car on evidence photo was parked where that green little car is. So if it gets to popla appeal stage I think the main arguments should be really poor signage and literally the lack of any marks on the road or bays
  • KbUser
    KbUser Posts: 46 Forumite
    Fifth Anniversary 10 Posts
    Here:
    https://goo.gl/maps/B3h68Ri9EuN1xo4t7
    No signs AT ALL at any of the bays and no marks on the road, nothing to make them look restricted or that there is a contractual charge for using those bays.  There are some signs on an opposite building wall, but hey...nothing in the bays! 

    Typical PPC scam.

    This is what I got as response for second appeal email.

    Good morning
    Thank you for your email.
    Please note, if you had appealed in the timeframe, our client would have then issued a popla code if it was unsuccessful. 
    However, you did not appeal in the timeframe which has now passed and payment is required to resolve this matter.
    Methods of payment are advised on the back of our letter.
    If this balance remains unpaid, this account will continue to progress to a third party debt collection agency where further chargers are likely to occur. 
    Please be advised, any further correspondence that you send to us solely for the purpose of disputing this shall not be responded too.
    Kind regards
    Craig

    I was not provided with Popla code even though I was appealing after NTK arrived which is correct time to appeal. What do I do now when they said " any further correspondence that you send to us solely for the purpose of disputing this shall not be responded too."
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