PCN + Told POPLA appeal is not available.

Boodle_

Hi,

I have received an email from PCS which says that I cannot appeal to POPLA as the fines were not issued under the POFA and therefore POPLA is not available to me

I previously said that as their client is a member of the BPA, they have to abide by the BPA Code of Practice (which states that subcontractors of BPA members must follow the Code too). The BPA Code of Practice states the time limit for keepers to receive a Notice to Keeper (which they surpassed).

What are my next options? Am I really not eligible to appeal to POPLA?!

Thank you for your help!

Guys_Dad

Don't you think you should have supplied us with more information? Come on, that info is useless on its own.

We need a timeline of what happened, when, dates of all tickets, when you appealed etc etc. if you want some help.

Are you in Scotland by any chance?

Boodle_

Sorry! I thought that you are not supposed to give too much information as these sites are monitored by the private companies?

I am not in Scotland.

Boodle_

I am in the UK. I received two 'Notice to Keeper' parking charges from parking offences in mid June (received them near the end of July).

I emailed back saying that I didn't know who was driving, was told by the bank I could park there, and received them well out of the 14 day time period.

They said that it was not covered by the POFA and therefore the 14 day period does not apply.

I quoted stuff from the BPA code of practice and said that as the client they are representing (ANPR) is part of the BPA they need to abide by their rules.

(The emails above have all been within a week).

Thanks

nigelbb

While an 'independent' appeals procedure was required by the government as a quid pro quo for keeper liability in POFA 2012 in fact POPLA has nothing at all to to do with POFA 2012. All BPA Ltd members are required to offer access to POPLA & abide by its verdict.

From the BPA Ltd CoP http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

4 Conditions
4.1 Any organisation or person applying for BPA or AOS membership must:
• sign a declaration agreeing to keep to the Code and its principles
• agree to keep appropriate records to show full and effective compliance with the Code requirements and to allow a full review of these records by the BPA if we make a reasonable request
• pay the appropriate fees set by the BPA Council
• agree to follow the decisions of POPLA, the independent appeals service.

22.2 Whenever you issue a parking charge notice you must tell drivers about the arrangements for resolving complaints, challenges or appeals. These include:
• your procedures for dealing informally with challenges by the driver about the parking charge notice or any matter in it
• the arrangements for independent appeal to POPLA

22.12 If you reject a challenge you must:
• tell the driver how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form, or a link to the appropriate website for lodging an appeal and the 10-digit verification code.
•

spacey2012

Just more excuse to ignore them.

Boodle_

Yeah that's what I thought! My last email to them stated all the ways they had breached the code. I then said that as they had rejected my appeals could I have the POPLA details, and they said that I cannot appeal to POPLA as the charges are not issued under the Protection of Freedoms Act (something that is referred to throughout the BPA Code).

What do you think I should do now? Email them back and say that they are obliged to? (I don't think that they will comply though) or just ignore them as they are not giving me a genuine chance to appeal?.

Thank you so much for your advice!!

Boodle_

:-) Yeah I think that seems to be the way to go, but just wanted to make sure I was on a stable legal ground because I feel they will be quite threatening!

Stroma

They can't pick and choose what they abide by, if they say keeper liability and pofa 2012 is not for them, make a complaint to the dvla ( foi@dvla.gsi.gov.uk ) , keeper details are given on the proviso taht they follow pofa 2012, tell them that they have supplied details to ANPR Ltd under false pretences, forward their response to the dvla.

I would be interested in the reply by popla and the bpa as well, so complain to them as well

Boodle_

Yeah I emailed both POPLA and the BPA so I'll let you know what they say. I will also write to the DVLA too and let me know. Thanks again to everyone for your advice

Stroma

Boodle,

Could you do a screen print of that email, and send it to the BPA, they said they would like to see it. Don't hold any confidence that they will do anything as they are utterly useless, and in the pockets of the parking scammers.

But it will do no harm, the email address is below for them.

aos@britishparking.co.uk

Thanks