Lost Popla Appeal

rach2304

We received a parking notice, and the reminder on the same day, 21 days after the alleged infringement.

I appealed with both the company and POPLA and both have denied my appeal, despite me quoting the legal jargon etc about then having to get the notice to us within a 14 day period

Both claim that because the company dated the letter in time, then it doesn't matter how long it took for the letters to get to us as 'they cannot be responsible for royal mail'.

I found this a bit odd, and doesn't sound right, so i did a little further digging.

There was only a small code on both letters and the words royal mail, no stamp or postmark. When I googled this, it is a code for bulk delivery, not deliveres via Royal Mail at all, and it says it is likely that the letters never left the parking company on or anywhere near the date on the letter.

Why have a 14 day notice period if you can just blame the post for it not arriving on time!

If it goes to court, does anyone know what my chances of being successful are?

Coupon-mad

We see wins 99% of the time so no worries at all. No paying.

Which PPC?

And what were the circumstances? Where?

And please post the POPLA Decision in POPLA Decisions but add the name of the PPC and add ten paragraph breaks or we can't read their rubbish!

rach2304

Parkingeye

They allege it was on a retail park with a 1 hour time limit and that the car stayed for 1 hour 12 mins. Miles away from our house so cant check signage

I just felt like POPLA didnt even look at it properly and just ruled in favour of the parking company. Their response is so long winded and confusing, but the only reference they made in terms of my appeal was that the notice was dated 4 days after the alleged infringement and that the parking company are not responsible for the length of time it took to be delivered. I feel like appealing to them was pointless

Car1980

Popla is now not fit for purpose and has become as corrupt as the IAS. They're both due to be phased out at some point and so appear to making hay.

Ignore them as if you never bothered.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82122463#Comment_82122463

Unfortunately POPLA are correct. The notice is presumed to be delivered on the second working day after it was posted, unless you can prove otherwise.

Regardless, the 14 day limit is only applicable to POFA to allow keeper liability, it doesn't invalidate the PCN if it is missed.

Follow the advice from @Coupon-mad

Half_way

Popla is not binding on the mtorist, so you are under no obligation to pay a penny.

What you should do next is try and go for a landowner cancellation, Parking eye are stubborn and seem to think they are specail so will likly refuse the landowners requests ( tail wagging the dog) after a popla fail.

If PE says its not possible to canbcel they are talking bovine feacal material, in order to pre-empt that you need to enginer the request so that the landowner says they want the charge cancelled.

IKf you get a reply form the landowner saying they have asked parking eyue to cancel, but pakring eye are refusing then you have a defence point in that the landowner has withdrawn authority over this ( your) case and on top of that a complainto the CMA showing that the pakring industry/parking eye is not acting in the best interests of its customers ( the landowners) and the consumer in general ( ie you)

A typical response will be along the lines of "we have asked pakring eye to cancel the charge, but they have refused to do so as it has already been before popla" Popla is nothing and is only of limited use as a tool to get a parking charge cancelled, its all made up nonsense anyways designed so the parking companies can make as much money as possible

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82122512#Comment_82122512

But they have no proof of postage, just a date written on a letter. They are deliberately avoiding my request for a proof of postage or a confirmed date of postage. Popla just said take it up eith Royal Mail, but i dont think they were involved in the delivery at all

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82123252#Comment_82123252

They'll have a date generated internally, but you will need to fight them to get proof. As I said above, the 14 days is only for POFA anyway, it doesn't invalidate the PCN so still follow the newbies guide.

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82122455#Comment_82122455

https://forums.moneysavingexpert.com/discussion/comment/82123355#Comment_82123355

https://forums.moneysavingexpert.com/discussion/comment/82123355#Comment_82123355

I dont know what a newbies guide is, im not used to posting on here. I am however, really concerned that the parking companies dont seem to follow any of the rules. So what you are saying is they won't give me the date of postage, even though it would have wholly disproved my appeal to them, and they didnt give it to Popla, despite the same applying, but that they will have proof of postage?

Gr1pr

You can put them to strict proof of compliance with Pofa2012, plus proof of postage, if they issue a Money Claim using MCOL against you in the future

Its currently an unregulated industry, so no point fretting about it, the letter is presumed to be sent on its issue date, and presumed delivered 2 business days later, plus compliance with Pofa2012 is optional in England and Wales, not compulsory

The newbies sticky thread is in announcements near the top of the forum, but you don't appear to have found them, or read them, see the screenshot below

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82123392#Comment_82123392

Also they only have to get the notice to you in 14 days if they want to transfer liability from the driver to the keeper under POFA. They can send a notice any time they want if they are pursuing the driver