Parking charge notice

Umkomaas

Macs481 wrote: »

Hi

I wrote back to DRP and told them to refer this back to there client. I also wrote to Minster Baywatch appealing the PCN and asked for a POPLA code if the appeal was rejected. Minster Baywatch wrote back and said that the appeal was too late, the appeal had to be sent within the first 28 days of the PCN. They also said that all future correspondence had to now take place with the debt recovery company.

DRP ignored my first letter so I sent it again. DRP then wrote back with a letter trying to justify the PCN. It also says that the PCN was not issued under the terms of POFA 2012. As the PCN was not issued under the terms of the POFA 2012 am I right in saying the RK is not liable for the PCN, only the driver is?

Is POFA 2012 not part of the BPA code of practice?

Thanks

Bullet applied to own foot. Yes, outside of PoFA the RK has no liability.

Tell DRP that as the PCN was not issued under the terms of PoFA 2012, (quote their exact words back to them), they are chasing the wrong person, they need to get in touch with the driver. Full stop!

hoohoo

You are right - only the driver is now liable.

Minister Baywatch are wrong that no appeal is allowed. How can an RK appeal if they never got a letter?

Complain to the BPA
aos@britishparking.co.uk

Dear BPA,

I am the registered keeper of vehicle XYZ and wish to raise a complaint about one of your members. Minister Baywatch regarding a parking charge apparently issued in July. As the registered keeper, the first communication I received was a letter from a debt collection agency in November. I have appealed to Minister Baywatch within 28 days of receiving this letter but they have refused to accept my appeal.

Please take whatever sanctions you regard as appropriate for this breach of you code of conduct and require Minister Baywatch to either cancel the charge or issue me with a POPLA code.



Complain to the DVLA
foi@dvla.gsi.gov.uk

Dear DVLA,

I am the registered keeper of vehicle XYZ and wish to raise a complaint about one of the operators you allow access to your database. members. Minister Baywatch regarding a parking charge issued in July. As the registered keeper, the first communication I received was a letter from a debt collection agency in November. You will be able to confirm this by checking your database to find when Minister Baywatch accessed it.

My complaint is that having appealed to Minister Baywatch within 28 days of receiving this letter they have refused to accept my appeal and issue me a POPLA code.

This is obviously a flagrant breach of process and one which I know you will want to stamp out immediately. I look forward to finding out what actions you propose taking to prevent abuse of the data you provide. If the operator cannot be trusted t obehave responsibly I understand you have refused access to your database in the past.

Macs481

Hi

After making many complaints to the BPA and DVLA I have now received a letter from DRP asking me to name the driver. Just after a bit of advice if I need to responded to this letter and say that I do not know who the driver was?

I don't know how they expect me to remember who the driver was 7 months after the original PCN.

Thanks

Redx

you do not have to name the driver and should not name the driver, that is their problem, not yours

they can only pursue the RK if they complied with the rules of POFA 2012 , otherwise they have up to 6 years to pursue the driver, but you dont have to disclose who was driving, but under pofa they should have sent you a NTK within 2 weeks , or bbetween 29 and 56 days if there was a windscreen ticket issued

if they didnt comply, they pursue the driver, which the RK doesnt have to name

sounds like a sneaky fishing trip to me , especially as its DRP and you dont need to deal with DRP at all

you said you told them to refer it back to client and stop harassing you, doesnt seem as if they have done this, which they were obliged to do and stop harassing the RK

I would chase up the dvla and the bpa myself, get it resolved or cancelled there

Coupon-mad

Macs481 wrote: »

Hi

After making many complaints to the BPA and DVLA I have now received a letter from DRP asking me to name the driver. Just after a bit of advice if I need to responded to this letter and say that I do not know who the driver was?

I don't know how they expect me to remember who the driver was 7 months after the original PCN.

Thanks

You need to send an attached copy of these responses from Minster B and their debt collector, to Steve Clark at the BPA and demand that Minster Baywatch are reminded of their obligations to issue a POPLA code to a keeper when a keeper appeals - which you did, in response to the first letter. Show them that the debt collector is now demanding you find out and tell them who was driving which is a breach of the BPA CoP. Remind him that you appealed IN TIME as keeper, and the fact that MB don't bother to invoke POFA 2012 in their Notices is unrelated to your RIGHT as registered keeper, to appeal to POPLA.

Steve Clark's email addy is in the 'NEWBIES read these FAQs first' sticky thread near the top of the forum. Also copy in David Dunford of the DVLA for added weight.

Keep complaining to Steve and tell us what his investigation throws up. When you get your code in the end, do not write your POPLA appeal without reading how to win at POPLA, in the NEWBIES sticky. A winning POPLA appeal after all this time must be done - not a story of what happened.