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POPLA Deadline Missed
The keeper of one of our vehicles received a PCN from All Parking Services UK dated 7th August 2020 for a alleged breach of terms & conditions of parking which occurred on 25/6/2020. We are aware that we have no obligation to name the driver and as the PCN was sent more than 14 days after the alleged breach this isn't POFA compliant.
The keeper appealed on this basis on 12th August 2020 (the date the PCN was received) and then did not hear anything back. They appealed online and the online portal is still stating 'Appeal Sent'. The keeper did keep checking to see if the status of the appeal changed but it never did.
The keeper than received a debt collector's letter stating that the unpaid PCN had been passed to them to resolve and now had an administration fee of £70 added. The keeper immediately contacted All Parking Services who stated that an email had been sent on 18th August 2020 to tell the keeper the appeal had been rejected, they then immediately sent another email stating it had been sent by post. As the keeper had not received this, they asked for it to be resent. The letter was resent and received yesterday, Saturday 3rd October with a POPLA code. Unfortunately this is longer than the 28 days given to appeal to POPLA and now we are unable to lodge an appeal with them. Is there anything the keeper can do here? Seems a coincidence that that was the only letter the keeper did not receive!
Thank you all in advance!
Comments
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They can ask for a new popla code , which may be refused
They could complain online to the BPA AOS team
They could and should follow plan A and complain to the landowner or retailer and try for a cancellation , that goes without saying because it is the best option in each and every case , regardless of the circumstances2 -
Thank you, we will ask for a new code and complain to the landowner. Fingers crossed!1
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Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and darfts have beenopened for publc consulatation,
Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, under new legislation but until this is done you should still complain to your MP, citing the new legislation.
http://www.legislation.gov.uk/ukpga/2019/8/contents/Please also read these and have your say
https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section
You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf
You never know how far you can go until you go too far.1
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