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Parking Eye - Still Best Practice to Ignore?

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    PS... keep in touch with the RK.

    They have history for addressing the appeal decision / POPLA code to the RK - even though the driver has been identified, received a PCN, and the appeal is in the driver's name.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • PS... keep in touch with the RK.

    They have history for addressing the appeal decision / POPLA code to the RK - even though the driver has been identified, received a PCN, and the appeal is in the driver's name.

    I'm the RK and went through the whole rigmarole to get it properly assigned to the driver (who I'm also in touch with). So all bases covered ;)
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    jeanraffio wrote: »
    I'm the RK and went through the whole rigmarole to get it properly assigned to the driver (who I'm also in touch with). So all bases covered ;)

    Ah, okay. In that case you will no doubt be justifiably upset and distressed by their harassment of you, if you get a letter as RK telling you that you are still in the firing line!
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Well the BPA have got back to me regarding my complaint. Surprise surprise, no issues found despite them blatantly mis-interpreting Section 56 and Schedule 4 of the Freedoms Protection 2012 by saying that I still had to pay despite naming the driver (this evidence was supplied to the BPA).....

    Here's the response in full:
    Dear Mr XXXX

    Approved Operator Scheme BPA Ref: XXXXX

    Thank you for your e-mail received concerning the parking incident and related correspondence with ParkingEye Ltd that you have sent to us. I can confirm that this organisation is a member of the BPA Approved Operator Scheme and as such is expected to adhere to our Code of Practice which you can review on our website – https://www.britishparking.co.uk.

    If a member is found to be not compliant with the Code, they would be subject to our Sanctions Scheme where Operators can expect to receive a number of penalty points depending on the severity of the offence. As with driving offences, once an operator’s ‘licence’ has reached twelve points in any given 12-month period, then they are likely to be faced with suspension or expulsion.

    This investigation has been concluded and I wanted to inform you of our findings.

    ParkingEye Ltd have responded to my request for information regarding your complaint.

    The operator has confirmed that they have now reissued the parking charge notice to the driver with the details you have provided and have instructed Debt Recovery Plus Ltd not to pursue you further. I have attached the letter sent by Parking Eye to yourself dated the 9 October for your perusal.

    Having looked at the Code in relation to this issue, I have to inform you that there is no material breach of the Code in our opinion.
    Notwithstanding the fact that we can’t offer you any direct assistance in this matter, I trust that this letter offers you sufficient background to help you decide on your next course of action.

    Thank you for bringing this matter to our attention and endeavouring to assist us in our efforts to drive up standards in the parking industry.

    Yours sincerely
    Approved Operator Scheme Team
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    SO.... Even though para 9 of the BPA CoP clearly states:

    9 Professionalism
    9.1 The Code is based on the understanding that operators
    and drivers should deal with each other in a respectful way.
    This means that as a member of the AOS you must
    maintain a professional standard of behaviour in carrying
    out your operational duties
    .



    Blatantly and cynically mislead, manipulate and misrepresent the law for their own ends, is not considered to be a material breach of the CoP?

    Says it all really.....

    :mad:
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As with driving offences, once an operator’s ‘licence’ has reached twelve points in any given 12-month period, then they are likely to be faced with suspension or expulsion.

    Actually, quite unlike 'driving offences', where points on a licence are not expunged after 12 months; they remain there for 3 times that length of time - 3 years - for those in the BPA who are mathematically challenged.

    If the BPA wish to make it truly 'As with driving offences' they need to be dramatically extending their period of points' currency.
    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
  • Ok, another update.

    Yesterday PE rejected the soft appeal and supplied the POPLA code.

    BUT...

    After some back and forth emails with Morrisons Customer Service, they have cancelled the charge this morning. So a victory, but PE haven't paid and lost at POPLA and the BPA have been as useless as ever.

    A double edged victory. And one for the sticky (Morrisons, Edgbaston, Birmingham).

    I can give more details if people want them, just let me know if you do...
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Have PE confirmed the cancellation? (Don't count your chickens etc.)
  • Hovite_2
    Hovite_2 Posts: 749 Forumite
    I'm assuming this is thanks to contacting the CEO ? If so it serves as a lesson to everyone to either find the CEOs address or at least guess it !
  • bod1467 wrote: »
    Have PE confirmed the cancellation? (Don't count your chickens etc.)

    Still waiting for the official letter, but putting the ref number through the PE website shows No Charge To Pay on that ticket number.

    And yes, the CEO was contacted and various follow ups took place with head office Customer Service (who still insist on calling it a fine despite being corrected every time).
    This is my *anonymous* account on MSE Forums - I post under a different username normally.
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