Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • aliceaylmer
    • By aliceaylmer 6th Mar 18, 10:01 AM
    • 15Posts
    • 6Thanks
    aliceaylmer
    Appeal lost and not given Popla code
    • #1
    • 6th Mar 18, 10:01 AM
    Appeal lost and not given Popla code 6th Mar 18 at 10:01 AM
    Hi All,

    Need help please - Basically my ticket was issued back in Aug 17 I appealed and applied for Popla code last year when it all happened. Nothing every happened. Ticket was issued in SE Car Park by Indigo for not displaying a ticket.

    I have recently received a letter in post NTK from Indigo I appealed again using the ONE SIZE FITS ALL template and I have received the below reply

    Good morning,

    Thank you for your recent online submission which we recognise as an internet template, please see attached the outcome of your appeal.

    Please be aware that we have no recourse regarding the driver, under Railway Byelaw 14, the owner of the vehicle will be held liable.

    To answer each of your points in turn:

    1. The Penalty Notice was issued due to a breach of contract but the balance does not relate to cost incurred by this breach.
    2. We are not able to provide this.
    3. These are available to view on the website through which you appealed.

    POPLA are no longer adjudicating in Penalty Notices issued under Railway Byelaw 14 and so we will not be issuing you a POPLA verification code.

    We refer your comments regarding the processing of your data, which we are treating as a formal section 10 Notice (“the Notice”) under the Data Protection Act (“the Act”). Please accept this email as our formal acknowledgement and response to the Notice.

    You have provided no justification for the Notice. The processing of your data is warranted.

    In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly, we are permitted to continue to process your data at this stage.

    If this is not clear, we suggest you seek legal advice.

    Kind regards,

    PLEASE HELP
Page 2
    • waamo
    • By waamo 6th Mar 18, 9:40 PM
    • 3,181 Posts
    • 4,206 Thanks
    waamo
    We never recommend paying on here
    Originally posted by ratechaser
    Oops sorry that's paging.
    This space for hire.
    • financerulez
    • By financerulez 6th Mar 18, 10:10 PM
    • 102 Posts
    • 185 Thanks
    financerulez
    Tbf I think it is worth writing if you can get them to acknowledge they have no chance of success. It's not pleasant receiving 'scary' letters from debt collectors, and having your details passed around. Can be avoided, if the firm realise you're in the know, and admit they're wrong.

    If they still don't accept it after a few tries, then I agree ignore, but 10-20 mins to potentially avoid future letters worth it IMO. Also in theory prevents them drumming up a County Court Claim 5 years and 11 months down the line, on the hope you've moved / forgotten about it!
    • twhitehousescat
    • By twhitehousescat 6th Mar 18, 10:16 PM
    • 1,260 Posts
    • 1,710 Thanks
    twhitehousescat
    Tbf I think it is worth writing if you can get them to acknowledge they have no chance of success. It's not pleasant receiving 'scary' letters from debt collectors, and having your details passed around. Can be avoided, if the firm realise you're in the know, and admit they're wrong.

    If they still don't accept it after a few tries, then I agree ignore, but 10-20 mins to potentially avoid future letters worth it IMO. Also in theory prevents them drumming up a County Court Claim 5 years and 11 months down the line, on the hope you've moved / forgotten about it!
    Originally posted by financerulez
    but would any changes in law be backdated?
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • nosferatu1001
    • By nosferatu1001 7th Mar 18, 10:10 AM
    • 2,432 Posts
    • 2,980 Thanks
    nosferatu1001
    That isnt a change in law, thats them pursuing a CONTRACT debt claim, which has a limitation of 6 years.
    • aliceaylmer
    • By aliceaylmer 14th Mar 18, 3:28 PM
    • 15 Posts
    • 6 Thanks
    aliceaylmer
    Hi All,

    So I had this reply to my response...

    Good afternoon,

    We are in agreement that POFA 2012 bares no relevance to this matter, under Railway Byelaw 14, you will remain the liable party.

    The balance of this Penalty Notice is as stated on the signage on site, there is no requirement for this to relate to cost incurred.

    As we do not operate the site and did not issue this Penalty Notice, we are unable to provide you with photos of the signage on site. You are free to request this from the car park operator or return to the site.

    The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

    Kind regards,

    Now I have had a letter and email regarding a £70 admin charge on top of £100...

    how do I proceed? please help... can someone draft a reply for me please!
    • twhitehousescat
    • By twhitehousescat 14th Mar 18, 3:44 PM
    • 1,260 Posts
    • 1,710 Thanks
    twhitehousescat
    well they clearly state bylaw 14 , and the date of your ticket was last august

    they cannot now change this to contact law

    game over for them

    dont even bother replying
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Johno100
    • By Johno100 14th Mar 18, 3:48 PM
    • 3,723 Posts
    • 4,321 Thanks
    Johno100
    Hi All,

    So I had this reply to my response...

    Good afternoon,

    We are in agreement that POFA 2012 bares no relevance to this matter, under Railway Byelaw 14, you will remain the liable party.

    The balance of this Penalty Notice is as stated on the signage on site, there is no requirement for this to relate to cost incurred.

    As we do not operate the site and did not issue this Penalty Notice, we are unable to provide you with photos of the signage on site. You are free to request this from the car park operator or return to the site.

    The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

    Kind regards,

    Now I have had a letter and email regarding a £70 admin charge on top of £100...

    how do I proceed? please help... can someone draft a reply for me please!
    Originally posted by aliceaylmer
    You posted that response on 6 March (post #13). Or have they written exactly same thing to you again?
    • waamo
    • By waamo 14th Mar 18, 4:47 PM
    • 3,181 Posts
    • 4,206 Thanks
    waamo
    Reply with

    Dear morons

    You are way beyond the 6 month limit to initiate a prosecution and as such I refer you to the case of Arkell vs Pressdram.

    Yours

    Xxx
    This space for hire.
    • financerulez
    • By financerulez 14th Mar 18, 5:05 PM
    • 102 Posts
    • 185 Thanks
    financerulez
    Dear Sirs

    The alleged incident occurred on [date]. This is longer than 6 months ago. There can be no prosecution for an alleged byelaw breach after 6 months under Magistrates' Courts Act 1980 s127(1) as stated in my previous email.

    I dispute any alleged breach and this is causing me substantial distress. If you want to prosecute the alleged byelaw breach which has now passed the limitation period, please first write to parliament asking them to change the Magistrates' Courts Act 1980. Please note you will also need them to amend the Acts of Parliament (Commencement) Act 1793 and Article 7 of the European Convention on Human Rights which prohibit retrospective criminal laws. Once these have been amended please feel free to contact me again, but until that point I will refuse any correspondence and will pursue a claim for harassment if you continue to attempt to harass me over this made-up charge.

    If I receive any further correspondence other than to state that this matter is closed, you can expect my response to be a letter before action.

    X
    • Coupon-mad
    • By Coupon-mad 14th Mar 18, 5:08 PM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    And in the meantime I have forwarded your unlawful demand to my MP and to Trading Standards.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • financerulez
    • By financerulez 14th Mar 18, 5:13 PM
    • 102 Posts
    • 185 Thanks
    financerulez
    (And if they do respond again with any claptrap, I would suggest you do actually sue them for harassment. You won't get much, but they will sh*t themselves, and think twice about acting like this for someone else. Plus the judge will tell them to stop contacting you. We will guide you on your claim.)
    • aliceaylmer
    • By aliceaylmer 19th Mar 18, 3:17 PM
    • 15 Posts
    • 6 Thanks
    aliceaylmer
    Thank you everyone! I have responded as per your suggestions.

    I have since received another saying its incurred £70 on top - JOKERS.

    Will keep you all updated!
    • nosferatu1001
    • By nosferatu1001 19th Mar 18, 3:42 PM
    • 2,432 Posts
    • 2,980 Thanks
    nosferatu1001
    Send them a LBA
    All parties - PPC, TOC and the debt collectors.
    • aliceaylmer
    • By aliceaylmer 20th Mar 18, 11:22 AM
    • 15 Posts
    • 6 Thanks
    aliceaylmer
    What is a LBA?
    They have replied stating my comments have been noted - shall I just ignore it now?
    • waamo
    • By waamo 20th Mar 18, 11:31 AM
    • 3,181 Posts
    • 4,206 Thanks
    waamo
    There is absolutely nothing they can legally do except harass you with letters demanding payment. Warn them this is causing you distress and you are minded to take legal action as to their predatory behaviour. Tell them you are aware of Ferguson vs British Gas.

    A LBA is a letter before action and is notification that you are considering taking legal action.

    In Ferguson some idiot at British Gas kept sending bills and threatening letters to a lady who owed them absolutely nothing. She got a nice wedge of compo from them.
    This space for hire.
    • ampersand
    • By ampersand 20th Mar 18, 1:42 PM
    • 8,426 Posts
    • 32,711 Thanks
    ampersand
    ...and do they really write 'bares', rather than 'bears'?
    #
    Add 'distress over mis-spelling of lewd nature'.
    CAP[UK]for FREE EXPERT DEBT&BUDGET HELP:01274 760720, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


    • financerulez
    • By financerulez 20th Mar 18, 3:18 PM
    • 102 Posts
    • 185 Thanks
    financerulez
    The fact that they replied not confirming matter is closed when you warned them is reason enough to send. Send them something like this and hopefully that should scare them off:

    (If you're getting distressed from this, go to the doctors and get in writing that this is causing you distress, you can use that as evidence.)

    [Your Name & Address]

    [Their Name & Address]

    LETTER BEFORE ACTION

    Dear Sirs

    Civil Claim - Harassment

    Further to my previous letter advising you to stop contacting me as it is causing me substantial distress, I am now writing to let you know that legal action will be taken.

    You have falsely and aggressively claimed that I am liable for a penalty. You have not provided any evidence of this, you have ignored the law which I have stated to you on a number of occasions, and you have not followed the correct process. You are continuing to add on ridiculous fees and aggressively claiming I am liable for them, when I am not the liable party. This is causing me substantial distress which I have mentioned previously, but you continue to send letters. I have asked you to stop on a number of occasions. This amounts to harassment and I now claim damages in respect of this harassment.

    I propose that we settle this claim out of court, and claim £500 for the distress that your persistent harassment has caused me and is still causing me. Please note that if the harassment continues I reserve the right to increase this figure, and because it is likely to be connected to these circumstances, no further letters before action will be given. If you do not accept this figure, I propose we use a mediation or alternative dispute resolution service to settle this claim. Please send the sum by cheque as soon as possible.

    This letter before action has been sent in line with the Civil Procedure Rules, and I will remind you that we are both expected to follow the directions as set out by these Rules which aim to make sure the case is dealt with fairly.

    I look forward to hearing from you, and if I do not receive a reply addressing this letter within 28 days, I will issue a claim in the county court without further notice. Please note this may mean you will have to face extra costs.

    Yours faithfully

    X
    • Coupon-mad
    • By Coupon-mad 20th Mar 18, 3:29 PM
    • 57,309 Posts
    • 70,913 Thanks
    Coupon-mad
    I would also remind them again:

    The alleged incident occurred on [date]. This is longer than 6 months ago. There can be no prosecution for an alleged byelaw breach after 6 months under Magistrates' Courts Act 1980 s127(1) as stated in my previous email.
    And remind them about Vidal Hall compensation, and say that you reserve the right to cite the Protection from Harassment Act (used in Ferguson v British Gas) and/or the Data Protection Act (the duties to only process data fairly and in a timely manner, are both breached) in pursuing your damages for distress.

    Start building documented, tangible evidence of your distress, e.g.:

    - post about this on Facebook telling your friends how this is getting you down, how upset you are...etc., not about fighting back, but how harassed you feel.

    - email a friend or two, or write a letter to an auntie, and keep a copy, where you say how this is upsetting you and making you lose sleep (by all means ring them first to tell them what you are doing and why, nothing wring with documenting distress in readiness).

    Evidence of distress wins the day, as it did for Henry Hippo on pepipoo* on Friday.

    Here's a letter I wrote earlier that mentions his case and another one, in the second half:

    http://forums.moneysavingexpert.com/showthread.php?p=74046847#post74046847

    Only costs you £25 to actually file a claim, and you can read what to put, in HH's counter claim.



    *http://forums.pepipoo.com/index.php?showtopic=114450
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,083Posts Today

5,801Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin