Parking Help needed pleae

Stroma

You don't have to identify yourself as the driver, the Protection of Freedoms Act 2012 and the BPA Code of Practice says you can handle this as the registered keeper.

Send back to them that they are being obstructive as the registered keeper is handling the appeal in line with bpa and popla guidelines. Inform them that complaints have been made to the bpa and dvla as they are unlawfully withholding your legal right to popla.

Write to

aos@britishparking.co.uk cc in the same email
foi@dvla.gsi.gov.uk

Include a copy of their rejection, and inform them that you are registered keeper, and are handling this as is your right

zzzLazyDaisy

PPC
Address

DATE

FORMAL COMPLAINT

Dear Sirs

Parking Charge Number xxxxxxx
Vehicle Registration Number xxxxxx

I am the Registered Keeper of the above vehicle. I am writing to lodge a formal complaint regarding your company's refusal to issue a POPLA code.

On [date] I raised an appeal against the above PCN, well within the 28 days stipulated. On [date] you replied rejecting my appeal but failing to give a POPLA code. Following a further letter from me requesting a POPLA code, you again wrote to me on [date] stating:

"I would be happy to issue you with a POPLA code if you identify yourself as the driver of the vehicle on the date this PCN"

This is a clear breach of the Protection of Freedoms Act 2012 and the BPA Code of Practice both of which make provision for the Registered Keeper to handle this matter, and most certainly do not impose any obligation whatsoever on the Registered Keeper as you appear to be implying. Accordingly I have now made formal complaints to Steve Clarke of the BPA and to DVLA concerning your unlawful conduct in refusing to deal with my appeal and in withholding my legal right to appeal to POPLA.

I expect you to now consider my appeal and either uphold it and cancel the charge; or deny it and issue a POPLA Code.

I require your reply within 14 days.


Yours faithfully

NAME

wagtails

Hi All

Thanks for your further help, PCM will be receiving a letter by registered delivery...coincidentally enough, when trying to use PCM's appeals function via their payment website, I was advised that there was a problem and to try again in 24 hours. My letter has given them 14 days to response. In addition, I have also emailed as recommended by Stroma.

I will update you further once I have received replies.

Many thanks again.

Firemanbill

It's unnatural, I know. We all want to "conform", to avoid breaking the law, to "keep the peace". But it's these sentiments that this species of bottom-feeding low-life preys on. It will shortly be curtailed. But in the meantime do this:

1) Articulate your your defence in writing, but keep it to yourself;
2) Take photos where these support your case;
3) Obtain witness statements if possible;
4) Take no action until and unless you receive a "letter before action";
5) Respond in writing, initially challenging any point where the "letter before action" fails to comply with the Practice Directive (usual three w thingy then justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct)
6) If presented with a compliant "letter before action" (very unlikely), respond with your defence as to why the action is unjustified.
7) If presented with a summons (9 in 2,000,000 chance in 2012) be prepared to defend it before a judge. Be prepared to lose.
8) If you win, be prepared to be appealed against.
9) At no point gamble more than you can afford to lose.
10) Smile. Keep the faith.

Coupon-mad

Firemanbill wrote: »

wrong advice again....

Most newbies do not want to defend a flippin' court case! And PPCs are issuing court claims in 2013 like they are going out of fashion. So to tell people in England/Wales not to complain (when they can WIN and cost the PPC money if they can get that POPLA code) is short sighted.

wagtails

Hi All, Mr Wagtails here.
We are a little further forward but I have to say am no more comforted. This is where we are now:-
- PCM has received our formal complaint but have not acknowledged and still not provided a POPLA reference.
- AOS responded to our complaint to them initially advising that they would investigate to see if PCM were in breach of the Code of Practice, but would not be able to overturn the fine. This I accept. They have subsequently advised that investigation is complete and commented as follows –
‘We have investigated your complaint with the operator and can advise as follows. The operator did not know if you were the registered keeper and that is why no POPLA details were provided.

I have reviewed the correspondence between yourself and the operator and it does appear to be unclear as to whether you are the registered keeper or not. The first correspondence the operator had which identified yourself as the keeper was not until the 1st October 2013 and by this time it was too late to appeal.

In view of the fact that it was not made clear whether you were the registered keeper we do not believe there has been a breach of the Code of Practice here. Therefore we consider the case closed.

Thank you for bringing this matter to our attention.’

I am a little puzzled by the statement that I only became known as the registered keeper on 1st October, given that it was me that received the NTK prior to this.

My understanding with regard to the POPLA code is that this had to be issued if the PCN was further disputed after the appeal was made and declined. This appears not to be the case!

Having got this far I have no intention backing down yet but I don’t know what to expect next.....do continue to pursue PCM for a POPLA code....or wait for them to flinch first?

I look forward to receiving your further comments. Many thanks.
Mr Wagtails

Coupon-mad

Reply to the BPA and say:

' this email response from the BPA is hardly an example of them 'driving up standards in PPC World'. Even a cursory check of the facts shows that PCM got my data from the DVLA and knew I was the keeper because they issued a purported Notice to Keeper...to you, the appellant, who then appealed.

There is no rule to say 'I am the registered keeper' as part of an appeal against a Notice to Keeper, that would be ridiculous when PCM already know who the keeper is! A rejection has to provide a POPLA code as I was not too late with the appeal. Indeed, PCM failed to say 'we are the creditor' on their Notice to Keeper and more pertinently, that omissions is a specific breach of paragraph 8 of Schedule 4 of POFA 2012 - which means they have failed to establish keeper liability anyway.

In fact, PCM actually offered me a POPLA code, when they said "I would be happy to issue you with a POPLA code if you identify yourself as the driver of the vehicle on the date this PCN". And yet because the alleged original PCN was weeks before that, the fact is that the DRIVER was in fact too late to appeal (whilst the keeper was not) quite apart from the fact that an AOS member cannot use POPLA as a bargaining tool to trick a keeper to name the driver!

And yet the BPA email response informs me that under these spurious circumstances, PCM (a notorious ex-clamping firm) can still pursue me as keeper yet deny me a POPLA code when I appealed in good time. Seriously Mr Clark? Mr Dunford do you agree with this farce? You can see when PCM knew I was the keeper - you have the date of release of my name and address there!

I expect PCM to provide me with a POPLA code now. '

email

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

and

[EMAIL="david.dunford@dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL]


HTH

wagtails

Thanks for your help Coupon-mad. Email was sent and I received the following, directly from Steve Clark

'Thanks for making me aware of your concerns about how this case has been handled.

By copy I am asking my Operations Manager to review this matter and respond to you directly.'

I will update you once I hear further.

Mr Wagtails

wagtails

I have some good news to tell. Thanks to everyone who has helped us with a successful defense of a parking ticket issued on private land, by PCM Ltd. A special thanks also to Coupon-mad and Ukomaas.

The good news received today from Steve Clark at the BPA is this:-

Dear Mr Jackson

I have been advised that PCM have opted to cancel your Parking Charge Notice.

As far as I am concerned, this concludes the matter and I have closed the file accordingly.

Kind regards

Steve Clark
Head of Operational Services

Mrs Wagtails is now really quite glad that we didn't just pay the purported fine....just because PCM Ltd said that we needed too!!

Again, thank you so much for all of the help that has been provided by everyone.

Mr Wagtails.

Coupon-mad

Fabulous news - and quite right too!

What utter scumbags PCM are - and as for the BPA supposedly 'investigating' and saying poor old PCM had got your data in Sept but had somehow forgotten that you were the keeper so it's all your fault (at first), words fail me (almost)!