NW Limited PCN

bod1467

I knew someone would be along with better advice.

I was just trying to make it clear to the OP that - NO, you don't have to name the driver.

HARD_WORKER_1234

Hi,
I have sent the 2nd email but got another this morning as follows :-

Good afternoon,

Thank you for your recent email.
In order for us to deal with your appeal/requests we require for you to confirm who was the driver on the day in question.

Please provide this information by the 28/11/13.

What should i do now? Thanks

bod1467

The advice is unchanged ... YOU DO NOT HAVE TO NAME THE DRIVER!

AoD

Very naughty of them. Have you specifically referred them to section 22.14 of the BPA CoP which states "drivers and keepers may appeal against a parking charge"?

The confirmation from the BPA was detailed here where Steve Clark made it clear the keeper CAN appeal.

forums.pepipoo.com/lofiversion/index.php/t78361.html

If the PPC are not going to give you a POPLA code based on your appeal as the keeper I suggest you let them know you are now formally complaining about them to the BPA and the DVLA.

Guys_Dad

HARD_WORKER_1234 wrote: »

Hi,
I have sent the 2nd email but got another this morning as follows :-

Good afternoon,

Thank you for your recent email.
In order for us to deal with your appeal/requests we require for you to confirm who was the driver on the day in question.

Please provide this information by the 28/11/13.

What should i do now? Thanks

I have been annoyed for some time with PPCs refusing to accept appeals from keepers. I am tempted to suggest using wording similar to that below in ALL appeals to PPCs.

Try this

Dear Sirs,

I notice that you have a requirement that if I name a driver, then that person needs to have a serviceable address.

Taking that into account, I am appealing as the keeper. If, however, you are willing to accept a name and address from a driver with an unserviceable name and address, please let me know otherwise accept my previous appeal from me as keeper.

Then reproduce the appeal.

That does not say that the keeper has an unserviceable address so no lies.

nigelbb

A requirement to name the driver as a condition of appeal is just a standard piece of deceitful PPC bullish!t with which they are attempting to circumvent the POFA requirements. Once the driver has been given up the PPC don't need to follow the more difficult path of establishing that the keeper is liable. In fact once the driver details are given they are not able to pursue the keeper so any appeal would be moot.

HARD_WORKER_1234

Thanks For your advice and suppport.

Can i send one back and just say "stop asking who the driver was at the time and as the registered keeper i will be appealing". Therefore stop pursuing this matter or send me the popla code so i can appeal to them.

It baffles me how they can say they will pursue the charges from me should i not provide details of the driver, though keep ignoring request for POPLA code.

Coupon-mad

HARD_WORKER_1234 wrote: »

Thanks For your advice and suppport.

Can i send one back and just say "stop asking who the driver was at the time and as the registered keeper i will be appealing". Therefore stop pursuing this matter or send me the popla code so i can appeal to them.

It baffles me how they can say they will pursue the charges from me should i not provide details of the driver, though keep ignoring request for POPLA code.

Yes you can send that reply back - except not 'I WILL BE APPEALING' (you need to say 'I have appealed already and you are giving me the runaround when you are simply required to give me my POPLA code if you reject my challenge'). And mention that you have now copied in Steve Clark of the BPA Ltd as you believe PCN(NW) deserve sanction points for twice demanding to know who was driving, which is outwith the POFA 2012 and breaches section 22.14 of the BPA CoP which clearly states: 'drivers and keepers can appeal to POPLA'.

So your cc goes to:

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

HTH and make sure you reply so that Steve Clark can see the whole email exchange below.

HARD_WORKER_1234

3rd email sent and steve clark cc'd. Will update you guys with any updates. Really appreciate all the advice.

HARD_WORKER_1234

Coupon-mad wrote: »

Yes you can send that reply back - except not 'I WILL BE APPEALING' (you need to say 'I have appealed already and you are giving me the runaround when you are simply required to give me my POPLA code if you reject my challenge'). And mention that you have now copied in Steve Clark of the BPA Ltd as you believe PCN(NW) deserve sanction points for twice demanding to know who was driving, which is outwith the POFA 2012 and breaches section 22.14 of the BPA CoP which clearly states: 'drivers and keepers can appeal to POPLA'.

So your cc goes to:

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

HTH and make sure you reply so that Steve Clark can see the whole email exchange below.

Hi,
I sent the email with what you advised i put in and it did the trick. Though I didn't win my appeal they have now sent me a letter with their reasons why it's been declined and the form to send to POPLA.

Could i get some advice on what to do now please???

Thanks