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Complicated, advice please

135

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  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
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    edited 20 April 2017 at 8:26PM
    I would go with this and copy in David Dunford at the DVLA:

    david.dunford@dvla.gsi.gov.uk



    Dear Sir or Madam,

    Re - PCN xxxxxxxx Spring Parking - event date xx/xx/2016, NTK date xx/xx/2017


    I would like to make a written complaint about [STRIKE]the[/STRIKE] Spring Parking Ltd and Parking Collection Services (PCS) [STRIKE]company who are a[/STRIKE] both apparently AOS members of the BPA.

    My name is ****, I received a Notice to keeper from PCS which was sent 146 days after a [STRIKE]the[/STRIKE] PCN was allegedly issued to a vehicle for which I am the registered keeper.

    I tried to appeal and since this was a Notice to Keeper (the first letter) not any later debt collection letter, I was aware that a rejection letter must include a POPLA Code. [STRIKE]because of this reason[/STRIKE]. I did this via email but received an email in response to this threatening court action.

    I then phoned the company (PCS) and they refused to give me a PoPLA code even though I had asked for one in the email appeal to the Notice to Keeper they had sent. They said they don’t give out codes because they are a collection agency and the original company Spring Parking would need to provide that. However the Notice to Keeper was not issued by Spring Parking it was issued by Parking Collection Service and Spring Parking won’t deal with that matter. [STRIKE]They stated that the notice to keeper can be issued at any time because it was a non POFA Parking charge.[/STRIKE]*

    The email they sent also stated that they can presume I was the driver because I am the keeper which is incorrect. The driver has not been identified and I have a right to appeal to POPLA as keeper, having responded immediately to the first letter sent to me. I also feel it is objectionable that the BPA allows debt collectors a far longer time to obtain DVLA data for NTK issue, astonishingly buying my DVLA data months later than a parking firm are reasonably expected to act.

    Have PCS pretended in the application that this one was for debt collection? If so, this was untrue.

    I remind you that my data was not obtained for 'debt collection stage' but for a NTK to be issued but this was some 5 months after the alleged parking event! It is utterly reprehensible that you and the DVLA let these very late requests slip through. Just because firms like Spring Parking use PCS for their back office functions and NTK issue should not mean that PCS can get data this late and even worse, tell a consumer that they don't/won't issue a POPLA code.


    I have copied in Mr Dunford of the DVLA as the above is a serious breach of the BPA CoP and the KADOE rules.

    yours faithfully,

    [STRIKE]They also used the established case of Elliott v Loake [1982] as evidence of this. They did this probably knowing this doesn’t apply for a private parking case. I also believe this is a breach of the BPA code of practice.[/STRIKE] *




    * I deleted the above lines because neither add anything to your complaint.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,324 Forumite
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    David Dunford

    19e2b89.jpg

    Does this look like a guy who is likely to do anything at all?

    https://uk.linkedin.com/in/david-dunford-172a8862
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,349 Forumite
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    Thing is, he does. I've emailed him before and he does rattle cages.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • OK I have sent all emails I need to now. Just have to sit and wait.
  • From AOS
    Dear ***

    Thank you for your email.

    The BPA is not a regulatory body, but as a membership association, we can investigate possible breaches of our AOS Code of Practice.

    It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so. It is the decision of the individual parking company as to whether they choose to utilise POFA (2012).

    If no mention of POFA (2012) is made on the parking charge notice the strict timescales as advised in Schedule 4 are not therefore applicable. Please note that the parking operator can however still pursue the keeper for the unpaid ticket under the reasonable assumption that the keeper knows or was the driver at the time of the alleged contravention.

    The AOS Code does not specifically instruct what a parking operator should include in their correspondence to motorists, only that if a motorist is eligible a POPLA verification code should be included to enable the motorist to appeal further.

    If you are able to supply us with a copy of the notice to keeper, and a copy of the appeal you sent, including details of where it was sent to, we will ascertain if we can advise you further.


    Yours sincerely,
  • however the it says on the notice to keeper, this parking charge has been lawfully issued under schedule 4 of the POFA 2012.
  • Umkomaas
    Umkomaas Posts: 41,324 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Bog standard BPA (non) response we've seen numerous times before.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Send copies pointing out the "errors". Keep the pressure on them.
  • I have done that, I have also phoned (i know you say don't but i am very carful about what I say)
    I pointed out the mistakes over the phone and they have agreed to send it to the appeals department again. Hopefully they will cancel or give me a code. Exciting times :)
  • Also DVLA got back to me and explained I should take it up with BPA ... which I have. they have also said that no data protection was breached because they are allowed to give out details upto 6 months.
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