Help needed please

2023lovemse

Hi all newbie here, as other are mentioning I received a parking charge reminder from U.K. car parks but never received initial charge so it’s raised to £100 and how can I prove I didn’t receive within 15 days for compliant notice to keeper. The same thing has happened to my friend who is dying of cancer she doesn’t have energy to fight it but it’s cruel she isn’t offered the £50 first. I believe this is a new highly illegal tactic because they don’t have the man power to send on time. I also was not the driver they told me I need to forward driver on but on what legal basis I asked? I appealed directly to them which they of course rejected but dropped to £60 (so I would still be a tenner out of pocket because of their bad management) I appealed on the grounds of never receiving the notice which I honestly hand on heart didn’t I check post every day and with the usual template they said I have to pay usual scare tactics and that I have to pay if I don’t send the driver. I am now the point of appealing to POPLA can anybody help please? Also can you explain why I’m told I need to send drivers details to them? So disgusting already it’s a horrible company but to not send on time ask for double money to my friend who is dying what horrible people.

2023lovemse

Should also state the pictures clearly show it isn’t me too. 

B789

It's UKPC. If you don't receive a POPLA code, complain to BPA. Ignore their request for the driver's details. You are under no obligation to reveal that information.

If you do decide to just ignore them anyway, just wait for them to issue a claim in the county court which you defend using the defence template and they will eventually discontinue before they ever get to court.

Just ignore everything from them or their debt collectors until you get the claim.

Coupon-mad

You don't name the driver.  Just wait for the final rejection letter and POPLA CODE or have you got that?

What did your first appeal say, EXACTLY?

2023lovemse

Hi thanks for your replies here is my appeal: 
Hello, I was very concerned to receive your “PARKING CHARGE REMINDER” that states a charge was sent to me on 11th May 2023, I am a small business owner and throughly check my post every day and can absolutely assure you no charge has been sent any time in early or mid May until this reminder was sent dated 30/05/2023. I am very concerned by this I have never received any fine or penalty I check my post every day and pay all bills promptly I can hand on heart promise NO letter has come from you until this reminder dated 30/05/2023. This has caused me significant worry and stress. Secondly on the notice again I have absolutely no idea what this charge is it is very clear I am not the driver. However I am also very concerned to find no legal basis to forward on anybody else’s details again the language is very concerning I see no laws or bylaws stated only bully language to send you information not required by me. I point out you have CLEARLY not met the requirements of the “Protection of Freedoms Act 2012 (Schedule 4) specifically, but not limited to, para 9(5), the keeper of the vehicle has no liability and they should therefore pursue the driver. As there is no obligation on the keeper to identify the driver.” Again to restate my concerns, I am an honest citizen who replies promptly to all bills and post and have not received ANY LETTER from you and secondly the driver. Clearly i expect this charge to promptly be cleared and all my information deleted from your database. Again this is bringing me great concern and stress to be told about “debt recovery” when I have never heard of this matter until now. I expect you to act with sincerity and compassion. Regards.

2023lovemse

Their reply does this have the popla code you mentioned? 

Thank you for your correspondence relating to your Parking Charge.

The Charge was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. 

Clear signs at the entrance of this site and throughout inform drivers of the maximum stay limit of 4 hours, and it is not possible to access any part of the premises without passing multiple signs. Your representations are not considered a mitigating circumstance for appeal.

We confirm the Charge was issued under Schedule 4 of the Protection of Freedoms Act 2012. As no driver details have been provided, we are holding you liable as the registered keeper of the vehicle.

In light of this, on this occasion, your representations have been carefully considered and rejected.

We can confirm that we will hold the Charge at the reduced rate of £60 for a further 14 days from the date of this correspondence. 

Please find below the payment options: 

----------
You have now reached the end of our internal appeals procedure. This correspondence represents our final stance on the matter and we will therefore not enter into any further correspondence.

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this correspondence.  POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge.  To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. 

Your POPLA reference number is: (Removed by Forum Team)

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made.

By law we are also required to inform you that Ombudsman Services 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.

Yours faithfully,

CP Plus Ltd

Coupon-mad

Please remove that POPLA CODE immediately!

You can see it there.  We don't want to see it!  That's personal data that someone could misuse.

2023lovemse

Coupon-mad said:

Please remove that POPLA CODE immediately!

You can see it there.  We don't want to see it!  That's personal data that someone could misuse.

Oh my goodness thanks removed? I couldn’t remove it myself as don’t have edit button yet but reported it numerous times lastnight. Any further advice please? 

Coupon-mad

Show us the PCN so we can see if it's a POFA one.  Oh wait, you never saw it?

Read the 3rd post of the NEWBIES thread.

2023lovemse

Coupon-mad said:

Show us the PCN so we can see if it's a POFA one.  Oh wait, you never saw it?

Read the 3rd post of the NEWBIES thread.

Hi many thanks for your good work on the forum I have been reading a lot the last couple of days. No I never received the original PCN so now unsure how to appeal because I don’t have a golden ticket incident supposedly happened 03/05 and they say (but they didn’t l) a charge was send 11/05 so well in time for the 14 days but in reality the first communication was the issuing of the reminder 30/05. Exactly the same as my friend give or take a few days seems like a new tactic so no golden ticket exists? 

Coupon-mad

OK.

But at least you have a POPLA code. Even if you lose you won't be paying so you may as well do a good POPLA Appeal as shown in links in the 3rd post of the NEWBIES thread.

What happened to cause the PCN?  Overstay at a retail park or what?  If overstay, was your friend with you that day (their condition meets the definition of disability without a doubt).

Which exact site, it may have come up here before?

Are you local enough to get signage photos and LACK OF signage views of the entrance?  You'll need photos for POPLA.

You have a month to use the Code.  Don't do it in your own words. Run it by us first, using the examples in the NEWBIES sticky 3rd post.