Writing to POPLA

wackyracer88

I recently received a letter from Civil Enforcement Limited and after reading the thread here I replied to them as advised stating the below:

this is an appeal by the registered keeper - No driver details will be given. Please do NOT try the usual Group Nexus Trick of asking for driver details in order to get around the fact your NTK does not comply with POFA. As there is no keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw.

They have now written back to me with the following...

 We refer to your recent correspondence. We have carefully reviewed your appeal and/or evidence provided taking into consideration all the points you have raised in relation to this Parking Charge Notice. On this occasion, your appeal has been unsuccessful for the following reason: 

 It is the drivers responsibility to pay this PCN. However, in England and Wales, if after 28 days from the Issue Date, this PCN has not been paid or you have not provided us with the name and current address for service of the driver, then under Section 4 of the Protection of Freedoms Act 2012 we do now have the right, subject to the requirements of the Act having been complied with, to recover from the Registered Keeper at the time the vehicle was parked, sums that remain unpaid. Alternatively, you can of course make a payment directly to us and recover the amount due from the driver. 

 We have no record of the above vehicle being registered to be exempt from the parking restrictions in place on the day in question. It is therefore our position that the Parking Charge was validly issued because of the above detailed breach of the terms and conditions set out on signs in the car park. You have now reached the end of our internal appeals procedure. You now have two choices: 

 1. Pay the original reduced charge within 14 days beginning with the date of this letter, after which the PCN charge will revert to the original charge detailed on the PCN. To make a payment at the lower rate please visit www.ce-service.co.uk or call 0115 822 5020. 

 2. If you are not satisfied with our decision, you may appeal to the Independent Appeals Service (POPLA) via www.popla.co.uk using verification code within 28 days from the date on this letter. However, if you decide to appeal to POPLA, the reduced rate will no longer be available and the full charge will apply if the appeal is not upheld in your favour. According to the latest data published by POPLA, which you can view at www.popla.co.uk/reports, between 1 October 2021 to 30 September 2022, POPLA decided in favour of Civil Enforcement Limited and upheld the validity of the PCN in 83% of contested cases. 

You must now either pay the outstanding amount or appeal to POPLA but you cannot do both. If you do not choose either of the options above, we will seek to recover the outstanding sum by referring your case to a third-party debt recovery agent and may commence court action against you. This may incur additional costs for which you may be liable. 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 (www.ombudsman-services.org/). However, we have not chosen to participate in their alternative dispute resolution service. Should you wish to appeal further you must do so to POPLA, as explained above. 

Yours faithfully, 

Appeals department 

Do I now go to POPLA? And if so saying... Or do I just pay their invoice?

Thank you for your help with this.

Gr1pr

You appeal to Popla, after studying post 3 in the newbies sticky thread in announcements 

Nobody here would advise the payment option 

But we do advise plan A first, not B & C , you already tried B but the rejection was inevitable and expected 

Coupon-mad

This is already covered in the NEWBIES thread.

wackyracer88

Sorry guys, struggling to find my way around, can someone link to this please?

Gr1pr

Its in announcements, 6 down from the top of the forum, just above your thread 

The signature in the post by coupon mad tells you how to find it 

Coupon-mad

No need.  Please read my signature. This is what it's there for, under every single reply I make.  To stop us being asked for links to page one when you already have 2 links on the page.