Lost Popla Appeal

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82123425#Comment_82123425

I know, but its a notice to keeper

Gr1pr

Not quite

Under the DVLA KADOE contract, the private parking company has 6 months to obtain keeper details and one month to get the pcn to the keeper, so 7 months in total

Plus Under the Limitations Act 1980, they have 6 years to issue a Money Claim using MCOL in England and Wales

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82123405#Comment_82123405

Thanks but i read this. Its all soooo confusing and upsetting, It seems i might as well pay and accept that it seems extremely fraudulent, rules dont mean rules, and the parking companies can just steamroller over everyone. The law says they have to send the notice to keeper within 14 days, but they dont have to provide any record of postage at all and even though it took book the notice 21 days to arrive and the reminder 14......that's pretty much tough luck on me?

Gr1pr

The Pofa2012 is not rules based, its a statutory requirement, IF they want to be able to transfer liability from the driver to the keeper, however, it is not mandatory or compulsory so they can choose to ignore it. If Parliament wanted to make it compulsory or mandatory, they would have written it in

It doesn't apply at all at airports and ports or TfL, due to bylaws , neither does it apply as a law in Scotland or Northern Ireland

The alternative is the fallback position of 6 months to obtain keeper details and one month to get the pcn to the keeper, under their DVLA KADOE contract

Nobody here is telling you to pay a penny, but you need to understand the topic, so study the official MSE advice that was approved by Martin Lewis

Until the MHCLG regulate the industry with a mandatory Code of Practice, its the wild west, and has been for over 15 years

The Issues surrounding Royal Mail deliveries are well known and they have been fined for failing targets, hence the recent shuffle regarding deliveries etc ( 21 million pounds from memory. )

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82123470#Comment_82123470

You are all too clever for me! Its terrifying me, im a single mum, hence why it feels so wrong to not be given any opportunity to pay a lower fine, even if you are at fault. Ive done so much reading and I have gotten nowhere. Thanks for trying to help though, just wish there was an actual answer that would make me feel more comfortable letting it go to court

Gr1pr

Let us with the knowledge help you through it, with the correct advice and information at each stage

Ignore the popla appeal decision, plus Ignore any powerless debt collectors letters in the future

Regardless of whether you understand it, trust that we do, you may be single but are not alone

Its extremely unlikely to get to a court hearing

rach2304

https://forums.moneysavingexpert.com/discussion/comment/82123551#Comment_82123551

Thank you so much, I will do as you advise 😊

Car1980

You're getting bogged down in an irrelevant side quest from a bunch of idiots who frequently proclaim black is white.

Parking Eye court claims, when they make them, are usually discontinued nowadays. Ones they farm out to DCB always are.

kryten3000

Please do not pay the scam.

We can help you avoid paying a penny to Parkingeye.

Have a look at the recent CMA letters sent to parking companies and the Ministry of Housing, Communities and Local Government (MHCLG)where they raise several concerns including:

"22. We have also seen evidence that suggests that where consumers decide, within the consideration period, to park, operators are treating the parking period as having commenced at the moment the consumer drove into the car park, rather than at the point they decided to park. In consequence, consumers may not enjoy the full period of parking that they should be entitled to."

Open Letter to Parking Companies

Letter to the MHCLG

This easily covers the 1 hour and 12 minutes your vehicle was on site - at least a few minutes to drive in and make an informed decision to park, 1 hour of parking time and then a minimum 10 minute grace period at the end of the parking period.

rach2304

We have received our letter before county court claim today

In it they intimate that, based on case law, parkingeye v beavis 2015, if it goes to court I will not win and will incur costs and a CCJ.

They also request i use a reply form to enable the matter to avoid court. They state they will use the popla report as their evidence, amongst possible other items, that they are just and fair in their actions, and state that POPLA is an independent body, which I dont believe.

I am still waiting for a response from my appeal to POPLA based on misinformation in the report they have sent me

Should I keep ignoring these letters or reply?

Thanks