Private Parking charge challenge 11 October 2022 at 8:57PM edited 11 October 2022 at 9:09PM in Parking tickets, fines & parking 71 replies 1.8K views

Le_Kirk

Sledger said:

Notes  

a).  No  NTK was  issued within he prescribed 56 day criteria  and has still not been issued. Accordingly  

b).  A SAR has been sent to DVLA requesting which organisation accessed my Registers keeper the Registered Keeper's data between the period 9 October 2022  to 9 Dec 2020 with the dates they were made and the reason they gave. 

Suggestion above.

.........not been issued. Accordingly

Did you mean to add something after "Accordingly"?

Sledger

Fruitcake said:

PoPLA will not consider points about breaching the EA 2010, even though it is the law.

Personally, I would still include it and make it point 1. If it gets to court, then you can show that you reasonably attempted to narrow the issue without the need for a court claim.
It also helps that complaints can be made to the government that PPCs are carrying out disability discrimination and ignoring the law.

Thanks I will add that as Item 2 Disabled Parking and reschedule 3.4.5. as now edited in my previous post  Item 1  no NTK being priority to button this up especially when I get DVLA confirmation. If  the PCN is not then rejected by  POPLA due to NO NTK how are they allowed to circumnavigate that ?

Fruitcake said:

Sledger said:

 on what day do I sent UKPC a reminder for the POPLA code and copy POPLA in 
 

You do nothing except wait for UKPC to send you a standard rejection letter and PoPLA code.  So am I now to understand on 21 Dec I  e mail  [email protected] that UKPC have not e mailed me or sent it by post the POPLA code and  do I also copy in UKPC "on line"  where  an immediate UKPC  confirmation is sent as evidence of receipt 
It seems some  PPC companies  are  like dealing with snakes and if  this is common practice  rather than isolated why has action not been taken to stop this micky mouse procedure. what's DVLA take on this?

Sledger

Le_Kirk said: Thanks 

Sledger said:

Notes  

a).  No  NTK was  issued within he prescribed 56 day criteria  and has still not been issued. Accordingly  

b).  A SAR has been sent to DVLA requesting which organisation accessed my Registers keeper the Registered Keeper's data between the period 9 October 2022  to 9 Dec 2020 with the dates they were made and the reason they gave. 

Suggestion above.

.........not been issued. Accordingly

Did you mean to add something after "Accordingly"?  Yes item b).  but ill relocate it to read 

 . 

b). Accordingly, a SAR has been sent to DVLA  to avoid doubt requesting which organisation accessed  the Registered Keeper's data between the period 9 October 2022  to 9 Dec 2020 with the dates they were made and the reason they gave.

Previous POPLA  draft post edited with added item 2  "Disabled Parking Discrimination" and now has 5 items 

Sledger

I have just searched for that  BPA  ladies e mail that recall C-M posting somewhere here and in my search just found this sickening link and a similar ones  between  the BPA Steve Clark and C-M exchange and feel as if I am in a pit of snakes on this non issue of NTK and POPLA  code as its still taking place

https://forums.moneysavingexpert.com/discussion/6208365/smart-parking-issued-drplus-letters-before-ntks-by-mistake-bpa-dvla-know-blind-eye-turned
https://forums.moneysavingexpert.com/discussion/comment/79167600#Comment_79167600

So if I have not received it by 21 December ill sent this to UKPC and copy in [email protected] 

I refer to UKPC 26 Nov 22  e mail diverting  me to their  site with a  link  to a  generic UKPC rejection of my 3 Nov 22 challenge. This UKPC generic rejection  stated  a POPLA code would follow if I did not respond within 7 days. I have not received an e mail  or postal letter with this POPLA code so please clarify status as its now the 11th hour to meet the 28 day POPLA appeal deadline 

As I am  the Keeper  you should fully understand  that I no longer have any liability as a NTK has not been sent within the required 56 Day time limit. Accordingly, please close this case forthwith with confirmation to avoid wasting any more of my time and involving POPLA.  

If for some unlikely reason the NTK has been lost in the post, please submit evidence copies of the date UKPC contacted DVLA  for the keepers details and the date DVLA  sent them back  to UKPC.

Just hope by 21 Dec I get the DVLA response that nobody accessed my data torpedoing any UKPC lies and insert the crossed out bit and UKPC  just cancel the PCN. 

If they send the POPLA code in response before day 28 Ill send my   updated 14 December POST  POPLA appeal which I now have on PDF

Coupon-mad

 "I have not received an e mail  or postal letter with this POPLA code so please clarify status as its now the 11th hour to meet the 28 day POPLA appeal deadline."

There is no deadline if there is no POPLA Code.

KeithP

As the Keeper  you should fully understand  that I no longer have... 

If you do decide to use that sentence, then it needs adjustment.

At the moment it looks like you are saying the reader of that is the keeper.

Perhaps it should start...
As I am the keeper, you should...

Sledger

thanks have update my previous post and from POPLA site FaQ

• How much time do I have to submit my appeal to POPLA?

  You have 28 days to submit your appeal with us from the date the operator rejects your appeal. This statement needs POPLA updating  to last final operator rejection  and have just e mailed POPLA for clarification         So the 28 days does not  commence from the 26 Nov generic rejection  but from any subsequent rejection they said they would send with the POPLA code with a 7 day deadline for me to respond. The earliest date for this further rejection is then 3rd Dec  so to play safe I send my UKPC reminder say 27th Dec 22  allowing for holidays in case they are playing games and state they sent it on the 3rd Dec 22 

• C-M I bet you go out of your way on signage to comply with this from the POPLA site 

• Be honest and use your own words
  

• We know you want your appeal to be successful and might have looked for guidance from successful claims on other sites, however, using templates or copying and pasting text won't help your claim. Our site has been designed so that you can provide most of the information we need in just a few clicks and without too much typing. Where needed, using your own words to describe your situation is the best way to proceed with the appeal.
  

I https://forums.moneysavingexpert.com/discussion/4964634/ukcps-have-refused-to-give-me-a-popla-code-too-late-to-appeal

Coupon-mad

But you haven't got a POPLA Code and they last longer than 28 days when you do get one.

There's no need to even read the useless POPLA website, which is misleading BPA biased guff.

Sledger

Got my UKPC Christmas Present and posted it here just in case its a revised generic version. Ill wait until  just before the 28 day limit in the hope I get the DVLA confirmation response that nobody has accessed my details then add that into the section 1 POPLA appeal.  

 


 Date: 18/12/2022
Registration Number: ****
Parking Charge Reference Number: *******
 POPLA Reference: *******
 Dear Mr ******* We have previously written to you regarding the above parking charge, requesting more information so we may reach a final decision for your appeal. As we have not received any further correspondence, the appeals process is complete and our view is that the parking charge has been correctly issued. Our appeals process is now concluded, you may now choose one of the following options: 1) Pay the parking charge detailed above at the reduced rate of £60.00 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS AND ADDRESS DETAILS.

2) Make an appeal to the independent adjudicator POPLA (Parking on Private Land Appeals) using the verification code provided above. Please note that if you wish to appeal to POPLA, you will lose the right to pay the discounted rate of £60.00, and should POPLA reject your appeal you will be required to pay the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal with POPLA. Appeals to POPLA must be made within twenty-eight days from the date of this letter. To appeal with POPLA, please visit www.popla.co.uk. If you are unable to access the internet, you may appeal by post – this must be done using a POPLA postal form which may be obtained by contacting POPLA by phone (0330 159 6126) or post (PO Box 1270, Warrington, WA4 9RL). By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

3) If you choose to do nothing the parking charge will automatically increase after thirty-five days from the date of this letter to £100.00 and the matter will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £70, in accordance with the terms and conditions of parking, and further charges will be claimed if court action is taken against you. Any unpaid court judgement may adversely affect your credit rating. Yours Sincerely, Appeals Department UK Parking Control Limited

Sledger

Thank you so much guys for all your hard work and help especially C-M for all the input to Newbees.

A real learning curve with a good result and just glad i never caved in and paid. 

The sad part is that POPLA just sent out generic responses like a postman instead of taking corrective action .

Ombudsman Services <[email protected]>

To:You Thu 12/01/2023 14:52

Dear Mr H

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team