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Parking Eye Fine - Fistral Beach

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  • siross
    siross Posts: 129 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    edited 4 December 2013 at 1:16PM
    I've just drafted this to send to the DVLA and British Parking, does this sound OK, I wanted to give a bit of context.

    Also, I cannot find the details of a David Dunford, the Newbie sticky refers to a Elizabeth M Symons?

    Mr Clarke,

    I was recently sent a “Parking Charge Notice” (PCN) by Parking Eye relating to an alleged “breach of the terms and conditions” at the Atlantic Hotel (Cliff Top) car park in Newquay.

    I appealed the PCN for the first time on 7th November 2013 asking to cancel the charge or supply me with a POPLA code for appeal.

    I then received 2 letters on 15th November, neither of which referred to my correspondence and neither contained a POPLA code. I then responded to Parking Eye on 19th November 2013 reiterating my original appeal points and again asking for a POPLA code to be provided.

    Yesterday I received a further letter from Parking Eye dated 28th November 2013 which is an exact replica of their original correspondence, in which they refuse to address my appeal points and yet again refuse to issue me with a POPLA code. How is this an example of 'driving up standards' in this shoddy industry when (in flagrant disregard to POPLA rules as recently reiterated in the POPLA newsletter) they are refusing to issue a POPLA code and just procrastinating, demanding to know who was driving when as keeper I am entitled to appeal and get a POPLA code with the first rejection. Mr Clarke do you agree with me that this is not acceptable; why should I write yet again to beg my POPLA code?'

    Please find attached copies of the letters which I have received.

    Yours sincerely,

    XXXX
  • siross
    siross Posts: 129 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    In terms of sending further correspondence to PE, how does this sound, taking into account 4consumerrights and nigelbb:

    Dear Sirs,

    I find your continual correspondence a deliberate attempt to avoid providing me with a POPLA code for appeal.

    You are refusing to accept my appeal as Registered Keeper which under the BPA CoP which should abide by, I am perfectly within my rights to challenge this parking charge as keeper and both BPA and POFA only invite the Keeper to name the driver.

    This appeal against liability was originally made on the 7th November and now nearly a month later you are still refusing to supply the POPLA code. Further formal complaints about non-compliance are now being made to BPA and DVLA and I suggest that you cancel this charge immediately to avoid further embarassment.

    Yours faithfully

    name
    Reg Keeper
  • bod1467
    bod1467 Posts: 15,214 Forumite
    siross wrote: »
    Dear Sirs,

    I find your continual correspondence a deliberate attempt to avoid providing me with a POPLA code for appeal.

    You are refusing to accept my appeal as Registered Keeper which under the BPA CoP, which you should abide by, I am perfectly within my rights to challenge this parking charge as keeper, and both BPA and POFA only invite the Keeper to name the driver - it is not mandatory.

    This appeal against liability was originally made on the 7th November and now nearly a month later you are still refusing to supply the POPLA code. Further formal complaints about non-compliance are now being made to BPA and DVLA and I suggest that you cancel this charge immediately to avoid further embarassment.

    Yours faithfully

    name
    Reg Keeper

    Subtly edited for sentence construct and so it flows better. :)
  • siross
    siross Posts: 129 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Do you think I should send that off to them now?

    Also, what do you think of the complaint wording?

    Thanks,

    Simon
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    the bod one seems ok to me so send his draft

    also, please remove your name from the earlier post, its not needed and identifies you

    cheers
  • siross
    siross Posts: 129 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Cheers, have edited my post.

    Excuse my ignorance but.... bod one?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    siross wrote: »
    Cheers, have edited my post.

    Excuse my ignorance but.... bod one?

    post #74 by bod1467 , he amended your draft
  • siross
    siross Posts: 129 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    edited 4 December 2013 at 1:49PM
    Ha, thanks. I was trying to figure out what bod stood for as an acronym!

    I'll get it sent off now.

    Thanks

    Edit: that's now done. Now just to send off the complaints. I'll do this while I'm on my dinner hour unless anyone has any amends to the above wording?
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 4 December 2013 at 3:15PM
    nigelbb wrote: »
    The story is that the government insisted on an independent appeals body as the price for limited keeper liability in POFA when clamping was outlawed but it was never enshrined in legislation. The only reference to an appeals process in POFA is that if there is one it must be described.

    I am sorry but I think that it just weakens the argument to try & claim there is a legal right to an appeal when there is not.
    QUOTE]
    We will have to agree to disagree then:

    I am fully conversant with the story and how POFA was introduced and am aware of the contents of Schedule 4.

    It is not what is omitted from legislation that is relevant here but what the interpretation of what is included that matters -
    "The only reference to an appeals process in POFA is that if there is one it must be described"
    There is an appeals process first to the PPC and then POPLA in this case which must be described - which includes what the process entails, how to appeal and to allow the keeper/driver to follow through the appeal's process.

    Then there is the fact that the appeals process is documented on the paperwork that the parking companies issue to attempt to recover monies for their speculative invoices i.e. parking charge notices and notice to keepers etc. Plus the fact it is indoctrined in their code of practice in order to get keeper details and the appeals process was insisted upon by government.

    Do you really think that the parking companies would entertain the appeals process and POPLA if they were not legally obliged to offer it??
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 4 December 2013 at 2:50PM
    Siross:

    The one to Mr Clarke at BPA, would amend this part to read:

    How is this an example of 'driving up standards' in this parking industry when (they flagrantly disregard POPLA rules as recently reiterated in the POPLA newsletter). They are refusing to issue a POPLA code and just procrastinating, demanding to know who was driving when as keeper I am entitled to appeal and get a POPLA code with the first rejection.

    Mr Clarke please investigate my complaints thoroughly and I am sure you will agree with me that this is not acceptable. I should not have to continually write to request a POPLA code to appeal and would appreciate you instructing your member to immediately provide me with a code.


    There was no need to highlight the shoddy industry - we know it is but you want Steve Clarke to investigate your complaint and influence PE to issue the POPLA code.


    ******************************
    The letter to PE - I need to amend my own grammatical errors (should teach me to read before posting - especially since tipping a drink over keyboard LOL)

    You are refusing to accept my appeal as Registered Keeper which under the terms of the BPA CoP, you should abide by: I am perfectly within my rights to challenge this parking charge as keeper, and both BPA and POFA only invite the Keeper to name the driver - it is not mandatory.
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