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Hi, I would very much appreciate if someone could help me on below.
I received a PCN from private parking company (Civil Enforcement Ltd). When requested for evidences they rejected my appeal and provided me a verification code on 06/11/13 for to appeal POPLA but did not provided any evidences. Therefore I wrote parking operator another letter requesting for evidences. At last evidences was provided on 17th December. I then quickly appealed to POPLA on 24th December using an appeal template provided here on this Forum. Obviously, I adapted the appeal template suitable to my situation and submitted my appeal to POPLA. The main point I highlighted in my appeal was that under Schedule 4 of Protection of Freedoms Act 2012, ref. paragraph 9 (4) (5) & (7), Parking operator do not have legal ground to issue a PCN as POFA 2012 strictly direct all operator to use 14 days time period when issuing a PCN to registered keeper. In my case operator did not follow this guideline hence they do not have legal ground to issue a PCN and therefore the notice should be cancelled.
However, now I received a letter from POPLA saying that "Unfortunately your appeal was received more than 28 days after the rejection of your representations by the parking operator. Our website and notes sent with appeal form make it clear that if you want to appeal against the operator's decision to POPLA, you have 28 days to do this. The Adjudicator has therefore directed that your appeal cannot be registered."
Could you please kindly advise me, What should I do next? I am completely frustrate with this whole process as it is giving huge advantage to parking operators and they are getting away with ripping innocent motorist. I genuinely believe this is new technique parking operators are adapting. Operators are providing verification code but not any evidences. If motorist continue to request for evidences they already loss 28 days by the time they receive any evidences. This new way of dealing appeal is giving Operators' a leverage to use against innocent motorist.
Could you please help in this matter?
I received a PCN from private parking company (Civil Enforcement Ltd). When requested for evidences they rejected my appeal and provided me a verification code on 06/11/13 for to appeal POPLA but did not provided any evidences. Therefore I wrote parking operator another letter requesting for evidences. At last evidences was provided on 17th December. I then quickly appealed to POPLA on 24th December using an appeal template provided here on this Forum. Obviously, I adapted the appeal template suitable to my situation and submitted my appeal to POPLA. The main point I highlighted in my appeal was that under Schedule 4 of Protection of Freedoms Act 2012, ref. paragraph 9 (4) (5) & (7), Parking operator do not have legal ground to issue a PCN as POFA 2012 strictly direct all operator to use 14 days time period when issuing a PCN to registered keeper. In my case operator did not follow this guideline hence they do not have legal ground to issue a PCN and therefore the notice should be cancelled.
However, now I received a letter from POPLA saying that "Unfortunately your appeal was received more than 28 days after the rejection of your representations by the parking operator. Our website and notes sent with appeal form make it clear that if you want to appeal against the operator's decision to POPLA, you have 28 days to do this. The Adjudicator has therefore directed that your appeal cannot be registered."
Could you please kindly advise me, What should I do next? I am completely frustrate with this whole process as it is giving huge advantage to parking operators and they are getting away with ripping innocent motorist. I genuinely believe this is new technique parking operators are adapting. Operators are providing verification code but not any evidences. If motorist continue to request for evidences they already loss 28 days by the time they receive any evidences. This new way of dealing appeal is giving Operators' a leverage to use against innocent motorist.
Could you please help in this matter?
!
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