Norfolk Parking Enforcement

nigelbb

Looks good. Let us know how you got on.

johndaye

nigelbb.

Will ping and post and let you know what happens next.

Thank you.

JD.

johndaye

Hello.

Had an answer to my letter this morning. I don't understand it, I hope someone else does.

Here it is:-

Dear *** ************

The section of POFA you are quoting, relates to Parking Charges that are issued to vehicles.

As your charge was issued remotely, we have to request keeper details from the DVLA, which can take time.

We are not trying to pursue the keeper through section 4 of POFA, we are requesting the keeper to advise us of the driver information, and we will be
persuing this debt as per the guidelines pre Schedule 4.

Regards

NPE Ltd



Thanks

JD

Stroma

Okay so pre pofa 2012 , there was no legal reason for you to name the driver of the vehicle. So if they are not using section 4, all they can do is request the driver details, you have no obligation to supply it.

nigelbb

They cannot mix & match & decide to operate under pre-POFA rules when it suits them just because they got their notice in late. As members of BPA AOS they only have access to DVLA data on the basis that they use POFA. If they are out of time with their notice they cannot use POFA. There is no dual track approach allowed.

zaax

Report them to POFA for breaking there rules

Stroma

There is no such thing as pofa as such, it's just legislation.

johndaye

Hello all.

Having read the reply I have received can any one advise what to do next. Is there any other form of appeal or rejection I can write or I have I just got to now sit and wait for the next letter.

As I understand it they are using pre-POFA rules to get the driver details and then using POFA to then pursue the alleged debt.

I would grateful for any suggestions.

JD

nigelbb

You have already challenged this parking charge so under the BPA Code of Practice they must accept/reject within 35 days & supply you with details of and a verification code for access to POPLA for an "independent" appeal. It doesn't look like they are going to give you any POPLA information especially as their letter doesn't mention POPLA which is another breach of the BPA CoP. They have to abide by the BPA CoP in order to get access to driver details from the DVLA.

http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf

http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf

http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf

http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf

hoohoo

johndaye wrote: »

Hello all.

Having read the reply I have received can any one advise what to do next. Is there any other form of appeal or rejection I can write or I have I just got to now sit and wait for the next letter.

As I understand it they are using pre-POFA rules to get the driver details and then using POFA to then pursue the alleged debt.

I would grateful for any suggestions.

JD

What is happening here is that currently the DVLA are taking so long to reply to the operators that the operator cannot always get in touch with the registered keeper in time to Serve the Notice to Keeper.

Well, thats the DVLA's fault, but luckily for you it means you are off the hook. Perhaps the parking company will sue the DVLA for their lost money :-)

Here is what I think you should do.

1) Write again to the parking company

Dear Sir,

Further to my appeal, POFA 2012 requires that the Notice to Keeper be served between 28 and 56 days of the parking incident.

You are knowingly in breach of this requirement. Please inform me of the date you applied to the DVLA for my data, and the date you received their reply so that I might decide what further action to take against you.

I will not be entering into further correspondence with you, but reserve the right to complain to the BPA and the DVLA.

I require you to uphold my appeal, or decline the appeal and issue me with a POPLA code within 35 days of my initial appeal.

2) If you want to land these guys in it, and possibly get them banned from DVLA access, complain anyway to the BPA and DVLA. Come back here if you want to do that.