when they haven't satisfied pofa - go popla or wait for court?

marjoria

Hi all, 
I have read the sticky notes pin at the top but I have a question. 
I had received a letter from a ppc regarding what they state is a overstay, they did not send it within 14 days and this can't be disputed. I didn't send them a letter till after the 28 days (time in which you are suppose to respond/appeal???). They sent in a letter stating I have not appealed within 28 days and as such they have now sent it to debt recovery. 

My question is therefore:  what are the next steps, can I now go through popla or shall I wait till court considering they haven't satisfied pofa 2012. 

Umkomaas

Which PPC? 🥱

Le_Kirk

You cannot go to POPLA as you (apparently) didn't submit your appeal inside their own self-imposed deadlines and you will not receive a POPLA code.  Complain to the BPA (if the PPC is a BPA member) that the PPC is denying you the right to appeal and see what they say.  Who is the PPC?

marjoria

Umkomaas said:

Which PPC? 🥱

Smart parking

Le_Kirk said:

You cannot go to POPLA as you (apparently) didn't submit your appeal inside their own self-imposed deadlines and you will not receive a POPLA code.  Complain to the BPA (if the PPC is a BPA member) that the PPC is denying you the right to appeal and see what they say.  Who is the PPC?

does that mean that these deadlines are just their own making? They are indeed members of the BPA, so shall I send a letter to them instead or threaten them with it.  

Umkomaas

I didn't send them a letter till after the 28 days (time in which you are suppose to respond/appeal???).

You needed to appeal within 28 days, not after.  You are correct that the Smart Parking Notice to Keeper is not PoFA compliant, and that would have been good enough for the keeper to appeal to POPLA with a suitably worded appeal to win, but it looks like the POPLA ship has now sailed, I'm afraid. 

So, you're at the debt collector stage. How to deal with DCAs is shown in the NEWBIES FAQ sticky, fourth post, but in essence it's a one word advisory -IGNORE!

Come back on this thread in the fairly unlikely event of you receiving a Letter of Claim from solicitors or a formal court claim from the Northampton CCBC.  

Coupon-mad

This would have been so simple -100% win at POPLA - but you don't get a POPLA code from most PPCs if you appeal 'late'.  You now have to win in court, unless the new Framework for the single appeals service next year requires it to be offered for existing cases which are not yet at court.  No-one knows.  That will be a decision for Ministers and whoever runs the new appeals service then, so don't hold your breath.

marjoria

I have had a look at the sticky notes and will wait for the before claim letter. Thanks for all your assistance.