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CP Plus NTK amount charged more than signage

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  • yaks20
    yaks20 Posts: 20 Forumite
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    Just a quick follow up, which option on the POPLA appeal should I choose? It seems like my appeal covers a couple of the categories, do I choose their 'other' grounds for appeal option?
  • Umkomaas
    Umkomaas Posts: 41,355 Forumite
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    'Other' .... isn't that already advised in the NEWBIES FAQ sticky, third post?  Hours of expert input has been invested in the NEWBIES FAQ sticky to save very busy regulars having to repeat answers each time.  Can you confirm if it's missing?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    edited 18 September 2020 at 3:03PM
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    If this is a POPLA appeal that draft doesn't look anything like the points in post #3 of the NEWBIES thread, that are meant to be used in full, as templates, in addition to your individual points and photos. 

    It worries me that you haven't been following the advice because you didn't know to choose 'OTHER' which is stated clearly in post #3 of the sticky, where the POPLA template words are.  Please go back and read it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • yaks20
    yaks20 Posts: 20 Forumite
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    I have read the post #3 in the sticky multiple times, but the bit about 'other' falls under the ParkingEye appeals, so wasn't sure if it counted. Also the other templates don't seem to apply to my case (illegible signs, no follow up NTK, or NTK received too late), only the one about landowner's authorisation, which I did copy but took out the sections that I didn't know were for the forum's benefit or were part of the appeal.
    Does my current appeal seem to cover the points or do I need to copy in the full wording from the templates for the relevant sections (bearing in mind that none of the templates cover conflicting signage, or amount requested being higher than signed or BPA code of conduct allows).

  • 1505grandad
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    "but the bit about 'other' falls under the ParkingEye appeals,.............."



    Please check again as this para introduces the templates applicable to all BPA AoS members for POPLA:-



    "Easier than it sounds because we now have a number of POPLA appeal points covering the essential areas for appeal. They are in 'near template' state, but will need to be checked first against the circumstances of your parking event.

    These are long on detail and when put together form a formidable block of text, deliberately so to scare off some PPCs who cannot be bothered to contest (fairly common)."


    Then follows the 'near templates' which finish with:-


    "These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) - do not think you only have 2000 characters in some box on the POPLA wepage!"

  • yaks20
    yaks20 Posts: 20 Forumite
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    Hi all, and thanks for the responses. I submitted my appeal on the 18th September to POPLA, and the status is showing that they are waiting for the operator evidence.
    Today I received a letter from Debt Recovery Plus, now asking for £170 (they have added £30 to the charge in the ntk which was for £140).
    I thought that they shouldn't be issuing these debt recovery letters given I had submitted an appeal within the time frame to POPLA.
    Do I ignore or call to inform them that an appeal has been lodged? I'm annoyed that they are chasing this despite an open appeal process.

  • Le_Kirk
    Le_Kirk Posts: 22,319 Forumite
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    No point at all in speaking to debt collectors, just keep the letter as evidence of unreasonable behaviour.
  • 1505grandad
    1505grandad Posts: 2,918 Forumite
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    Perhaps a complaint to the BPA for breach of the BPA CoP:-

    "23.12a If an appeal is being considered by the IAS, the debt recovery process must not be commenced/ recommenced until the outcome of the case is known. We would expect operators to have systems in place to ensure that this does not happen"
  • InBodWeTrust
    InBodWeTrust Posts: 17 Forumite
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    edited 3 October 2020 at 5:46PM
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    Perhaps a complaint to the BPA for breach of the BPA CoP:-

    "23.12a If an appeal is being considered by the IAS, the debt recovery process must not be commenced/ recommenced until the outcome of the case is known. We would expect operators to have systems in place to ensure that this does not happen"
    Does it really say that? (Or does IAS in this case generically mean Independent Appeals Service?)

    PS - yes it is. ;) He's having an enforced two week hiatus.
  • KeithP
    KeithP Posts: 37,652 Forumite
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    Perhaps a complaint to the BPA for breach of the BPA CoP:-

    "23.12a If an appeal is being considered by the IAS, the debt recovery process must not be commenced/ recommenced until the outcome of the case is known. We would expect operators to have systems in place to ensure that this does not happen"
    Does it really say that? (Or does IAS in this case generically mean Independent Appeals Service?)

    Yes it really says that Bod. Here's a pic...

    But why wouldn't it?
    The Glossary in their CoP says...


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