Question... can you pay then appeal and claim back ?

[Amethyst]

I'm sure I've seen discussion on here about doing so to avoid the hike for paying outside the initial period - anyone actually done it, won their appeal, and claimed back the payment ?

Q on Twitter

Is it possible to pay a parking ticket "Without Prejudice" claiming that this is not an admission of guilt so that you can pay the lower amount prior to going down the Appeals route?

[ostell]

Re: Question... can you pay then appeal and claim back ?

No is the answer. Once they've got your money then that's it, unless you start a MCOL claim. They will ignore any appeal, or reject it because they have the money. It's not like the council ones.

[Amethyst]

Re: Question... can you pay then appeal and claim back ?

can you win an appeal at POPLA etc after paying the reduced amount ?

[ostell]

Re: Question... can you pay then appeal and claim back ?

But if you pay then you will not get a POPLA code.

Interesting argument, anybody willing to try?

[charitynjw]

Re: Question... can you pay then appeal and claim back ?

I have been made aware of a case where the husband was busy collating info/evidence & submitted an appeal to the independent appeals bods.

& won his appeal!

However, while this was going on, the wife, without his knowledge, paid the charge. (For what reason.........goodness knows!)

He is now faced with this problem.

[des8]

Re: Question... can you pay then appeal and claim back ?

I have been made aware of a case where the husband was busy collating info/evidence & submitted an appeal to the independent appeals bods.

& won his appeal!

However, while this was going on, the wife, without his knowledge, paid the charge. (For what reason.........goodness knows!)

He is now faced with this problem.

So a claim for over payment, just like DWP !

[charitynjw]

Re: Question... can you pay then appeal and claim back ?

So a claim for over payment, just like DWP !

Unjust enrichment?

(I'd like to be a fly on the wall in that house! )

[ostell]

Re: Question... can you pay then appeal and claim back ?

The wife could write nicely to the PPC and ask for the money back, and copy the BPA or IPC. The PPC is bound by the appeal decision so they should (!) repay. Otherwise it's a MCOL case.

[Amethyst]

Re: Question... can you pay then appeal and claim back ?

How long after service of the ticket/demand do you have to pay at the lower rate vs how long do they have to reply with a POPLA code ?

( think we're coming to the conclusion that legally you could but process wise and in reality it's unlikely to work )

[charitynjw]

Re: Question... can you pay then appeal and claim back ?

How long after service of the ticket/demand do you have to pay at the lower rate vs how long do they have to reply with a POPLA code ?

( think we're coming to the conclusion that legally you could but process wise and in reality it's unlikely to work )

IPC Cop

6. Operators’ Internal Appeals Process
6.1 You are required to have your own internal appeals procedures , where motorists are not directed straight to the IAS. As a minimum, you must
a) Inform motorists of your internal appeals procedures when you issue a parking charge.
(b) Identify the appeals procedure including the manner in which appeals can be made, to whom they should be made, and the time frame for lodging an appeal.
(c) Allow a minimum of 21 days from imposition for the motorist to lodge an appeal with you and make representations.
(d) Consider such representations and should respond appropriately within 28 days.
(e) Allow for appeals to be made outside of the period which is usually allowed where you consider there to be exceptional circumstances for not lodging the appeal within the normal time allowed.
(f) It is for you to decide whether a discounted rate of payment should be allowed if someone exercises their right to appeal to you. However, where you do not allow a motorist to pay at a discounted rate if they lodge an appeal to you, you must make this clear when informing them of their ability to so appeal.
(g) Where you accept payment of a charge you do not need to offer, or continue to offer the ability to appeal, providing you advise the motorist (or person paying) at the time that payment is taken that you are accepting it in full and finalsettlement of all monies owing and that thereafter they will not have the ability to appeal.
6.2 If an appeal is unsuccessful then you must notify the appellant, at the same time you reject their appeal, that they have the right to further appeal to the IAS and you must allow them a further 21 days to pay the charge or to exercise this right of appeal. During this period, you may not add on any additional fees for non-payment.
6.3 You must not require payment of a charge whilst an appeal is being considered.
6.4 You must not require the motorist or keeper to submit a stamped-addressedenvelope as a pre-requisite for an appeal.

BPA CoP

37 Appeals and challenges against ticketing actions
37.1 Under the Code you must have procedures for dealing fairly, efficiently and promptly with any communication from the motorist. The procedures must give drivers and keepers the chance to challenge a Parking Charge Notice.If a motorist pays a Parking Charge Notice and then appeals, you do not have to consider the appeal unless you opt to do so.
37.2 If a driver challenges a parking charge notice you must review the case and decide whether to:
• uphold the parking charge notice and explain why it was issued and should therefore be paid. We may require you to demonstrate that you are keeping to the target times set out below. If the driver is due are fund of any fees, you must include that payment,or written confirmation that you have made the payment, with your reply, or
• cancel the ticket and take no further management action other than informing the driver.
37.3 If you receive a challenge or appeal about the issue of a parking charge notice, you must stop work on processing the ticket immediately. You must not increase the charge until you have replied to the challenge. You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge or appeal, you must accept or reject the challenge or appeal in writing within 35 days of receiving it. We may require you to show that you are keeping to these targets.
37.4 You may not ask the driver to send payment of the parking charge notice with their challenge or appeal.
37.5 You may not ask the driver to send a stamped addressed envelope for you to use to send your challenge or appeal decision.
37.6 A parking charge notice may be challenged on the grounds that the vehicle was on hire or lease at the time the unauthorised parking took place. If the rental or lease customer’s details have been provided to you by the hireor lease company, you should pursue your claim instead with their customer.
37.7 If you reject a challenge to the issue of a parking charge notice you must give the driver a reasonable amount of time to pay the ticket before restarting the collection process. The Code recommends that you allow at least 14 days from the date you rejected the challenge.
37.8 You must keep evidence of all challenges you receive and the action you take to resolve them. You must keep a full audit trail of all actions, which can be manual or generated by a processing system. You must allow us access to this when we are investigating a complaint. You must keep documents (or scanned copies) for at least two years from the date of the challenge.

(Don't know where Mr Emoji came from, lol!)