PCN appeal rejected as an official appeal.

nopcns

airspacepark said:

...because if you know you are doing right then let the person appeal to POPLA and if that person is not successful then he pays full amount.

Absolutely not true. Losing at POPLA does not mean that the victim "then pays the full amount". Losing a POPLA appeal has absolutely no nearing on any subsequent action and there is no obligation for the appellant to agree to the assessors decision. Only the operator is required to abide by the assessors decision.

Just use @Coupon-mad's response above.

airspacepark

Coupon-mad said:

Dear LDK,

Sorry but you have no choice but to consider my appeal as an 'official' appeal.

Just because you don't like a well-informed keeper appealing against their purported liability doesn't mean you can ignore an appeal made on valid grounds, relying upon the law.  It is an official appeal.  The keeper is entitled to appeal.

POPLA Code please or I will consider us to have reached complaint 'impasse' and will escalate this complaint to the BPA.

Hi Coupon-mad,

Excellent response, I will send that, it will take a time for them to reply back as they did with the last one.


Thank you for your help

airspacepark

nopcns said:

airspacepark said:

...because if you know you are doing right then let the person appeal to POPLA and if that person is not successful then he pays full amount.

Absolutely not true. Losing at POPLA does not mean that the victim "then pays the full amount". Losing a POPLA appeal has absolutely no nearing on any subsequent action and there is no obligation for the appellant to agree to the assessors decision. Only the operator is required to abide by the assessors decision.

Just use @Coupon-mad's response above.

Hi,


Well, you and Coupon-mad are very knowledgeable people about car parking fines, tickets and more, so you know a lot more then I do. No surprise here, that I got it wrong

Half_way

airspacepark said:

nopcns said:

airspacepark said:

...because if you know you are doing right then let the person appeal to POPLA and if that person is not successful then he pays full amount.

Absolutely not true. Losing at POPLA does not mean that the victim "then pays the full amount". Losing a POPLA appeal has absolutely no nearing on any subsequent action and there is no obligation for the appellant to agree to the assessors decision. Only the operator is required to abide by the assessors decision.

Just use @Coupon-mad's response above.

Hi,


Well, you and Coupon-mad are very knowledgeable people about car parking fines, tickets and more, so you know a lot more then I do. No surprise here, that I got it wrong

Private parking companies can not fine people

There is no "official" appeal, as there is nothing official about private parking, the private parking industry makes up its own rules to suit its self and its own interests these are to make as much money as possible form motorists , they do not care about car park management as to do so would hurt their profits.

Calling them fines, calling it an official appeal and so on helps the industry, as if everyone challenged each and every parking charge notice then the whole smoke and mirrors thing will fall apart

airspacepark

Half_way said:

airspacepark said:

nopcns said:

airspacepark said:

...because if you know you are doing right then let the person appeal to POPLA and if that person is not successful then he pays full amount.

Absolutely not true. Losing at POPLA does not mean that the victim "then pays the full amount". Losing a POPLA appeal has absolutely no nearing on any subsequent action and there is no obligation for the appellant to agree to the assessors decision. Only the operator is required to abide by the assessors decision.

Just use @Coupon-mad's response above.

Hi,


Well, you and Coupon-mad are very knowledgeable people about car parking fines, tickets and more, so you know a lot more then I do. No surprise here, that I got it wrong

Private parking companies can not fine people

There is no "official" appeal, as there is nothing official about private parking, the private parking industry makes up its own rules to suit its self and its own interests these are to make as much money as possible form motorists , they do not care about car park management as to do so would hurt their profits.

Calling them fines, calling it an official appeal and so on helps the industry, as if everyone challenged each and every parking charge notice then the whole smoke and mirrors thing will fall apart

Hi,

Well I think you are right. The way they dealing with is what you said above.

airspacepark

Hi,

As I expected this is their response below.

I think I should to get in touch with bpa now.

Good afternoon,

Please be advised, an appeal is you stating why you disagree with breaching the Terms and Conditions.

You are disagreeing with the timeframes of issuing which is not an appeal and we have explained that our Client has 6 months legally to request your details from the DVLA and issue a Charge.

The letter is deemed as served and has been sent, therefore any issued with the receiving we can not dispute.

The account shall be placed on a final 7 day hold, if an appeal regarding the issuing of the Parking Charge itself or payment has not been received in this time frame, the case will be passed to debt resolution.

Gr1pr

Debt resolution, means nothing, civil court is where these matters are eventually settled 

They are correct with the 6 months scenario, but not to apply keeper liability 

Yes make your complaint to the BPA AOS compliance team now, with a timeline and complaint , plus copies of all paperwork and the above reply 

airspacepark

Gr1pr said:

Debt resolution, means nothing, civil court is where these matters are eventually settled 

They are correct with the 6 months scenario, but not to apply keeper liability 

Yes make your complaint to the BPA AOS compliance team now, with a timeline and complaint , plus copies of all paperwork and the above reply 

Thank you for your advice, I did it.

So what is the whole process with car park companies?

Obviously you disagree to pay, (I skipped appeal step) then they pass your debt to debt collectors then you ignore them, then they threaten to go to get a warranty from the court and then you will settle this matter in that court? Or I'm wrong here?

Thank you

Gr1pr

More or less correct, at the moment 

Parliament passed a law 5 years ago to bring about regulation by the DLUHC but we are still waiting for implementation of the new mandatory DLUHC CoP, regulation

Meanwhile, its try to get the landowner to cancel it, plan A , appeal at least once , plan B , try to get it cancelled by plan A or B or C , C being the second stage appeal, disregard debt collectors and let the referee decide in a local  civil court ( the judge. ) which is plan D

LDast

The Newbies/FAQ thread explains it all in great detail.