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Missed POPLA Appeal deadline

Hi

I appealed to the private parking cowboys using the standard letter on the forum (BPA member) and got the possibly expected half response and appeal rejection.

I have been busy and set my appeal reminder incorrectly and having tried to appeal on the POPLA site the 10 digit reference is not recognised. Could be because I am about a week overdue?

Should I post my appeal to POPLA or just wait to challenge via small claims? I suspect I should do both.

There was no PCN, the date of the alleged event claimed in the NtK is incorrect, the NtK was sent 57 days after the alleged date (not the 14 days under 9 (5)) and does not give a) the full address b) the time period of the contravention (probably on the previous day, when the car was there it was for a brief drop off or pick up of kids at the premises they claim to work for - so a matter of minutes). So I think it is invalid.

Now I have worked out that the address was a school I will be writing to the school too. Probably better off just paying the damn thing in the first place.

Any helpful advice, shared experience gratefully received.
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Comments

  • Coupon-mad
    Coupon-mad Posts: 130,619
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    I would post it and hope they let it through. Don't date it, or date it a week ago...

    You will only have to defend at small claims if the firm is litigious. Which firm?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • TDR500
    TDR500 Posts: 16 Forumite
    Thanks, will do.

    UK P@#$ing Sol#tion

    They helpfully had an associate company send a debt chasing / threatening letter a week before the end of the popla appeal deadline suggesting that it was too late to do other than pay even more or they would advise legal action.

    Nice bunch of people. :-)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    No NTD, out of time, wrong date, premature DBA letters, they do not have a lot going for them.
    You never know how far you can go until you go too far.
  • TDR500
    TDR500 Posts: 16 Forumite
    Thans for the encouragement. I don't really have time for all this - if I felt it was genuine and fair I'd had just got the driver to pay up, but I am too stubborn to let it go. Just received an "Action Required" letter giving me 14 days to identify the driver or they will pass it to their litigation dept. Or I could just pay them £100 plus £79 admin :-)

    Will I be their 3rd court action? ;-)
  • TDR500
    TDR500 Posts: 16 Forumite
    Worth sending them a copy of my POPLA appeal letter?
  • Redx
    Redx Posts: 38,084
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    TDR500 wrote: »
    Worth sending them a copy of my POPLA appeal letter?

    no , definitely not

    if popla accept your appeal letter, they will give the PPC a copy anyway
  • TDR500
    TDR500 Posts: 16 Forumite
    So I probably wasn't really overdue at the time of my first posting, but because they hadn't posted appeal rejection with the POPLA reference for about a week the reference number had already expired on the website. I had forgotten that I checked the dates when I first received the letter and was correct in calculating my own due date. I sent off the appeal anyway to POPLA and then again with evidence for the late posting by the parking company. They said it was still too late and wouldn't consider it.

    All quiet for a while then a few weeks ago a debt letter from a new collection agency, this time with a different address from the parking co - 28 days etc and a reminder letter this week - 7 days or will recomment legal action etc.

    Having identified the probable landowner I am writing to them this week as I am irritated by the waste of my time. I hear that they have issued similar NtK's to other parents at the school, though with less delay.

    Assuming it isn't worth cc ing the parking company but thought I'd check in here for any further top tips. They will have to prove to me or the court if they want any cash.
  • Umkomaas
    Umkomaas Posts: 41,255
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    Too late to do much (see you're complaining to the landowner - good :T) but to wait and see if anything further transpires. Currently the PPC is not particularly litigious, but they have 6 years to pursue you through the courts and if you can predict what they will do between now and 2022, you're a better prophet than me!

    But more and more of them are chancing their arm at the county court, buoyed by Beavis.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 130,619
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    edited 13 October 2016 at 9:37PM
    We'd say a complaint to the landowner is the best way to try to get it cancelled now and yes, you will have to wait and see if ever they try a small claim (make sure you write to advise them - and keep proof of posting - if you move house in that time). This sort of stranglehold on people's freedom and finances has been dubbed 'credit clamping' and is worse than car clamping ever was.

    Hence why we now have this campaign, as the Government is giving an appearance of listening:

    http://forums.moneysavingexpert.com/showthread.php?t=5524754&page=6

    You and other parents at the school are currently in the grip of a greedy private parking firm and have to put up with the threats for six years. Not good enough in this Country, is it? Why are we putting up with this carp? Be heard, please write to both political leaders and your MP and the DCLG too, urging strong action and for Schedule 4 of the POFA to be repealed.

    This industry is not one which should ever have been handed the right to pursue keepers let alone buy their data at £2.50 a pop from the apparently-complicit DVLA. The Supreme Court made things far, far worse - their decision in the Beavis case was an insult to consumers, an utterly astonishing (unintended but clueless) display of the hierarchy's disconnect with the people. It is time the entire scam was stopped.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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