C.U.P enforcement Watford. How to appeal

Gloglow1

Le_Kirk said:

You say you have received a template from CUP but have you/your partner received a Notice to Hirer in either of your names?

Hi they sent a pcn to hire company, and I appealed as hirer or vehicle (with a template from hire company) … they’ve only sent the appeal decision to me…. Not a notice to hirer… is this detail something I can add in POPLA appeal? Thanks  

Gr1pr

Study the 3rd post in the newbies sticky thread in announcements near the top of the forum,  plus study the Popla decisions thread in announcements too,  starting from the end and work backwards to see the latest cases and wordings and outcomes,  typical appeal points are 

Pofa2012 issues , such as no keeper liability,  wordings, timescales etc
No landowner authority 
Poor and inadequate signage 
BPA CoP failures 

Etc

In this case,  I assume that they failed to transfer liability to the hirer,  in timescales,  wordings,  not including the hire agreement etc, those are the usual failure points in hire vehicle cases, so no hirer liability is your focus here,  look for similar cases and hire vehicle popla appeals

As the vehicle was in a no parking area, forbidden to park, there was no parking contract on offer , so no offer,  no consideration,  no contract,  so no parking contract was entered into 

Le_Kirk

Gloglow1 said:

Le_Kirk said:

You say you have received a template from CUP but have you/your partner received a Notice to Hirer in either of your names?

Hi they sent a pcn to hire company, and I appealed as hirer or vehicle (with a template from hire company) … they’ve only sent the appeal decision to me…. Not a notice to hirer… is this detail something I can add in POPLA appeal? Thanks  

When you appealed as Hirer, was the parking charge in your name or that of the Hire Company. They may have failed to transfer liability properly as suggested by @Gr1pr

Coupon-mad

Has that rejection letter and POPLA code been sent to you personally, not to the hire firm?

Gloglow1

Thanks for all your replies, sign posting and advice. I submitted POPLA last minute and it’s waiting for reply from operator. 

I had a letter promptly in post day after POPLA date closed to say there will be further action. 

Am I right in thinking they can’t action anything including letters/debt collectors/court until POPLA’s decision comes in? Also to confirm, credit score absolutely cannot be affected unless a county court rules in their favour? 

Thanks in advance, looking for some reassure and this is new territory for me!! 

Gloglow1

Just an add on to say I received their internal appeal rejection via email in our name, and 2 letters in post -parking charge reminder notice and parking charge final demand. 

Coupon-mad

They can't pursue it while it's at POPLA. The demand letter crossed in the post, so to speak.

When you say "I received their internal appeal rejection via email in our name" do you mean your Ltd company name?

And you appealed in that name citing 'no hirer liability'? 

Gloglow1

Coupon-mad said:

They can't pursue it while it's at POPLA. The demand letter crossed in the post, so to speak.

When you say "I received their internal appeal rejection via email in our name" do you mean your Ltd company name?

And you appealed in that name citing 'no hirer liability'? 

Yes there was a transfer to hirer in post. 

Sadly I only just see another forum where they got it upturned with dates, I think I could have tried that as lease company stamped received on 15th day. 

im not very aware of technical terms with these type of charges and i hate that popla need experts in a way to spell it out for them  

Gloglow1

Popla unsuccessful.

they don’t care if driver not named, keeper and hirer is  sufficient (do u think they would have been empathetic if I had mentioned about having to stop for baby’s needs as I had just left Sainsbury’s car park anyway) 

ive tried asking businesses nearby, nobody apparently knows who landowner is (annoying!) 

don’t want to pursued by debt agency or court as it’s my partners name & we are really struggling financially since I lost my job (this was first present in the post to welcome me back into unemployment!) 

Pls could experts suggest different ways to respond 
- write to local MP? (Any template to really share the frustration level on stupidity of the trap at this location)
-any other MP’s or send same to MHCLG
- ? does bpa take complaints?

 

ChirpyChicken

Debt Collector letters are harmless, no one should be scared of debt recovery plus letters