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ReubenTK
I appealed to private company - instead of giving me a POPLA code they have provided the below (just a snippet of the letter).

Can I inform them that I will not be providing the information and request the POPLA code be provided without delay?. I do not wish to wait 28 days and further drag out the process.

Also it states after 29 days they have the right to recover any unpaid parking charges from me? Its a very cleverly and confusing letter - clearly aimed at persuading me to hand over the drivers details.



" You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, ParkingEye will be obliged to deal with the representations made in your name.
ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided. "
bearclaw
You need to appeal to the parking company in the first instance.

Has the driver been identified at all? Post up images (upload to an external site and link them here) of the parking ticket - both sides. Redact out the identify information - we need to see the dates though.

MAke sure you only ever refer to the driver and the keeper - dont give away the drivers identity.
SchoolRunMum
You just ignore that reply and wait for the POPLA code.

PE normally send that out asking to be told who was driving, in a case where they've sent you what we call a 'golden ticket' (a Non-POFA Notice that can't hold a keeper liable). So, is that what you have got, when you compare the original PCN (the first letter) to para 9 of the POFA, Schedule 4?
ReubenTK
Hi, thank you for your response. I have already appealed to the parking company and that is there response above.

I'd be interesting in knowing if it is wise to inform them now that I will not be providing drivers details and to forward on the POPLA code.

They are dragging out the process in the hope I will provide the information for the driver.




QUOTE (SchoolRunMum @ Wed, 19 Dec 2018 - 00:33) *
You just ignore that reply and wait for the POPLA code.

PE normally send that out asking to be told who was driving, in a case where they've sent you what we call a 'golden ticket' (a Non-POFA Notice that can't hold a keeper liable). So, is that what you have got, when you compare the original PCN (the first letter) to para 9 of the POFA, Schedule 4?



Hi, thank you for your reply. Ah I see - I will dig out the letters they sent to me in the morning and update the post. Fingers crossed for a golden ticket smile.gif
nosferatu1001
Its easy to tell
If the back of the ticket misses the "POFA" wording, they knew it was sent out too late.
ReubenTK
The last communication in Decemeber from the PPC:

"You are warned that if, after 29 days from the Date of Issue, the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you, the registered keeper. This warning is given to you under paragraph 9(2)(f) of schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on behalf of the driver, and you do not provide the full name and current postal address of the driver, ParkingEye will be obliged to deal with the representations made in your name.
ParkingEye have placed this charge on hold for 28 days to enable you to provide the evidence requested. If this information is not provided within 28 days, the appeal may well be rejected and a POPLA code provided. "


It has been over 29 days and the parking company has not provided a POPLA code following my appeal - therefore is this parking fine closed? As they did not provide the code in the specified time?
ostell
No it's not closed, PE could continue it. Just keep hold of the paperwork.

Can you post up the front and back of the Notice to Keeper you received, redacting identifying information but leaving dates
nosferatu1001
ERm, the deadline of 29 days was YOUR deadline, not theirs. No idea why you think otherwise
Its not been another 28 days since that hold expired, so if they did issue a POPLA code, good chance its expird.

Letter or email??

And yes - you were asked to look at the back of the notice and tell us what it said, or show us. You did neither.
ReubenTK
QUOTE (nosferatu1001 @ Tue, 5 Mar 2019 - 10:59) *
ERm, the deadline of 29 days was YOUR deadline, not theirs. No idea why you think otherwise
Its not been another 28 days since that hold expired, so if they did issue a POPLA code, good chance its expird.

Letter or email??

And yes - you were asked to look at the back of the notice and tell us what it said, or show us. You did neither.


I was clearly instructed above to ignore the reply and wait for the POPLA code

After I sent my original appeal to the PPC they stated: "If this information is not provided within 28 days (drivers details), the appeal may well be rejected and a POPLA code provided."

They have worded the above sentence in a manner that could be read in several ways, I've read it (plus probably other members hence being to ignore it) as

' I did not provide the additional information they requested i.e the drivers details, therefore the appeal (of which I had already sent to them) may be rejected and a POPLA code provided.'

I would like to know if I am missing something - I was not aware I may have to appeal twice before getting a POPLA code.


Their response was sent in an email.

Correct, I didn't post the back of the notice or what it said - I'm going to have another look and see if I can find it.

QUOTE (ostell @ Tue, 5 Mar 2019 - 08:35) *
No it's not closed, PE could continue it. Just keep hold of the paperwork.

Can you post up the front and back of the Notice to Keeper you received, redacting identifying information but leaving dates


Thanks Ostell!! The wording is beyond confusing. Going to spend tomorrow checking through my files to hopefully find it!!
ostell
Have you actually read POFA? You will find it here The words that you are having trouble with are stated as wording required to hold the keeper liable if they don't know the driver. Look at 8 or 9 (2) (f).

Have you identified the driver?

How can we reasonably be expected to help when you continue to argue and fail to supply information that is requested?
nosferatu1001
1) Yes, you were to ignore that request
but
2) The 29 days deadline is your deadline still, because thats the POFA time line for making a keeper liable following the notice being given. Thats what is meant

3) There is no appeal twice
Tell them you have not recevied an appeal outcome
OR
Complain to the BPA
Watch them miraculously find a copy of the rejection they suppsoedly sent, BPA will say "nothing we can do" and the POPLA code will still have expired.
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