PE web appeal. **Won at POPLA**

[kirkbyinfurnesslad]

Looks like they are stalling on POPLA code.

As I'm appealing as reg keeper they have to give it don't they, as I've already said I'm under no obligation to name driver...[/quote

 

n email went round from Steve clark at the bpa to confirm that the rk can appeal.

 

however with the new ATA (IAC) only the driver can appeal

 

Pick the bones out of that one

[Homer67]

If PE are trying to get you to pay their invoice then you can appeal - no question about it.

 

Bones picked.

[ims21]

I have tidied this thread.

 

Pleas note that while discussion of various points is healthy, posts made to undermine or insult other members is not. I would draw people's attention to the site rules in this regard.

 

Also please do not hijack other people's threads but you if you want to have a discussion about various fundamental points, please start a discussion thread.

 

Thank you

[armadillo71]

I have tidied this thread.

/QUOTE]

Ah, I thought I read more posts earlier!

 

I now have to write to PE again saying I have appealed once, now appealing again as I don't agree with your commercial justification argument. Cancel charge or let POPLA decide. ..

[kirkbyinfurnesslad]

If PE are trying to get you to pay their invoice then you can appeal - no question about it.

 

Bones picked.

 

I think you misunderstood the point I Eas making about the different appeal processes of the two ata's but never mind

[Homer67]

I think you misunderstood the point I Eas making about the different appeal processes of the two ata's but never mind

 

 

Read post 28

[armadillo71]

I have now sent in my second written appeal, reiterating that I am not liable and do not have to name driver. Also that I disagree with their commercial justification argument. Cancel charge or give me POPLA code...

[ericsbrother]

I hope you made mention of the date of the first one otherwise they will start their clock form today rather than a fortinght ago.

[armadillo71]

I hope you made mention of the date of the first one otherwise they will start their clock form today rather than a fortinght ago.

 

Do you mean that they have more time to issue code? Or less? They have put my parking charge on hold for 14 days apparently,so I have given them 14 days to cancel invoice/issue POPLA code or I consider the matter closed...

[ericsbrother]

I meant I hope you said that I havent had a response from my appeal of the xxth of whatever otherwise they will say they received your e-appeal of the 18th Oct and their time starts now rather than a month ago. that will be screwed in a weeks time if your dated appeal isnt given a number or accepted.

[armadillo71]

Another letter today from the eye. Same as previous reply to my appeal but now adding,

'As you have said you were not the driver and you do not know who the driver was.... '

Again, I have said no such thing...

[armadillo71]

What happens next? I have appealed twice as reg keeper and still no rejection or POPLA code.

And they have claimed I said I wasn't driving and that I didn't know who was driving.

My appeal letters have said no such thing.

[armadillo71]

I think I shall refer the eye to this.... http://parking-prankster.blogspot.co.uk/2014/01/british-parking-association-limited.html

[armadillo71]

well well... I have a letter from PE stating that my recent appeal has been unsuccessful!

1st web appeal-31/09/13.

2nd appeal (written)-11/10/13. I gave 14 days for them to cancel or issue POPLA code. They did neither and sent the 2nd letter in pdf post#37 above. They kindly put my parking charge on hold for 14 days. That was dated 22/10/13...

 

 

After asking for confirmation that this charge is cancelled, I now have a POPLA code!! (which was generated in the last 3 days)

[armadillo71]

Forgot to add that they have again kindly given me another 14 days to pay at the reduced rate. ....

[ericsbrother]

more than 56 days gone by since supposed breach? Then tough for them. You can waste their money by going to POPLA on the grounds they are timed out to pursue RK and therefore in breach of PoFA conditions.

[armadillo71]

more than 56 days gone by since supposed breach? Then tough for them. You can waste their money by going to POPLA on the grounds they are timed out to pursue RK and therefore in breach of PoFA conditions.

 

It would be rude not to I feel...

[armadillo71]

POPLA appeal uploaded.

A4 page quoting the BPA c.o.p , how I've had to send four appeals , PE not answering any of my questions, 144 days to get access to POPLA...

But as I've read that not complying with the c.o.p does not win the appeal, I've added the sentence ' Also I would like a breakdown of the genuine pre estimate of loss that this charge must represent. '

[ericsbrother]

Good, now they will have paid POPLA charges you can be hopeful that POPLA allow your appeal for any reason they choose but likely the failure to show a genuine pre-estimate of loss. If POPLA doesnt allow your appeal then you can still ignore PE as they have breached the Protection of Freedoms Act and cannot lawfully claim from you as the registered keeper of the vehicle, only the driver at the time. As that person has not been identified they will always lose any attempt to recover their "losses" when suitably refuted.

[armadillo71]

I have already won my previous POPLA appeal with PE on the same car park with gpeol.

PE's failure to comply with the cop should realy win the appeal, but I bet the one sentence at the end does it!

[armadillo71]

My appeal will be considered on or soon after 17 March.

Not quite six months since the invoice issue date....

[armadillo71]

As I've received nothing in the post from the eye regarding my appeal, then I suspect I'll get an email from POPLA on monday saying PE threw in the towel as per form recently....

[ericsbrother]

If you asked for sight of the contract then they are stuffed.

[armadillo71]

Only two days late, and true to current form;

 

No evidence supplied by ParkingEye.

Appeal upheld and parking charge notice must be cancelled.

 

I'll upload later.

[ericsbrother]

Well done for getting your anticipated just desserts.

I still wonder what PE are planning to do about this as it isnt going to get better for them. Still they make £15 million PROFIT a year so can afford to leave the lost causes alone and concentrate on other matters.