Thanks Michael - they didn't send a POPLA code. I've asked for one in the letter i'm about to send - this will be the last correspondence i enter in to with them.
We have overwhelming proof we weren't there in between, but even when I put it all down in black and white, they have ignored it. I assume these things almost never make it to court.
This is the letter i'm about to send:
Dear Sir/Madam
Re: Contractual Parking Charge Notice number:- xxxxxxxxxxxx
I’m writing to you again regarding you decision to pursue this matter further. I will not be providing you with anything that you ask for, as you have all the information on your camera system as to when we entered, and exited the car park on both occasions. If you don’t, then your system is obviously faulty and the matter will be thrown out of court anyway, which is the next step as far as we are concerned.
You may also wish to know that both your Parking Charge Notice and the letter you sent dated 1st Feb 2013 don’t comply with the BPA CoP. You say I have 14 days from the date of the letter, but as you can see below, this is not correct:
The BPA CoP Section B 19.7 states that (quote) ‘Prompt payment’ is defined as 14 days from the date the driver or the keeper received the notice.' Furthermore, the Protection of Freedoms Act provides a legally binding definition for 'the date the driver or keeper received the notice' as, '(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.'
Judging by the many posts on the ConsumerActionGroup website, you try this prank on with many people. Well, good luck with them, but sadly this is someone you won’t be getting a penny out of.
Also, can you explain why there was no POPLA code in the rejection letter you sent? As it states on the POPLA website: An appeal form, containing your verification code, should be sent by the operator with the rejection of your representations. If this form is not enclosed, the operator should be contacted to obtain one. You must appeal to POPLA within the 28 days. As you have failed to do this, I therefore have to ask you to send one so that I can appeal to POPLA. I very much doubt you will – which the courts will love!
I’ll also be sending complaint to the BPA along with McDonalds & Toys’ R Us who have shops on the site to make sure they fully understand just how you operate.
I look forward to you ignoring this letter, and sending