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VCS naming motorist query

Hi all

As RK, I've sent a soft appeal to VCS and received the standard automated response saying they cannot proceed without full name and address of the motorist.

I didn't name the driver and just stated that they were shopping on the retail park and the charge is punitive. It was for apparently overstaying the 2 hours free parking.

I asked them to give me a POPLA reference if (when) they reject my appeal but I didn't add anything stating I am entitled to appeal as the RK.

That was a week ago and the automated response asked for the info in 7 days, so would you suggest I remind them they should accept my appeal as I am the RK, or just wait and see what happens?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    wait and see what happens, if you have soft appealed and asked for a popla code they have to consider it and accept your appeal or reject it and issue a popla code

    you do not have to name the driver, despite what they may tell you, but any PPC will always try to ascertain the name and contact details of the driver, sometimes by dubious means ;)
  • They are lieing (no surprise there). Report them to the BPA for continuing this practice when they have already been told they cannot make such demands. The DVLA should also be held to account why they continue to allow VCS access to their database when they clearly breach the BPA code of practice EVERY SINGLE TIME anyone appeals.
  • Coupon-mad
    Coupon-mad Posts: 161,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bestpud wrote: »
    As RK, I've sent a soft appeal to VCS and received the standard automated response saying they cannot proceed without full name and address of the motorist.


    It's just a standard acknowledgement everyone gets.
    bestpud wrote: »
    just wait and see what happens?


    Yes. It means nothing and I have no idea why so many people actually read an auto-response; we gets posts about this every few weeks. Just wait for the actual rejection letter.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bestpud
    bestpud Posts: 11,048 Forumite
    edited 26 December 2013 at 6:50PM
    Coupon-mad wrote: »
    It's just a standard acknowledgement everyone gets.




    Yes. It means nothing and I have no idea why so many people actually read an auto-response; we gets posts about this every few weeks. Just wait for the actual rejection letter.

    I searched and read a good few VCS threads and I wasn't clear as to what most people do about it and it seemed a few put a line in their soft appeal about it, which I didn't, so thought I'd double check. Better to be clear and not risk messing up and losing to them. :)

    Is it worth adding a sentence to the newbie guide if this crops up a lot? Just a thought.

    I guess when you do this all the time and are absolutely confident about the process, it can be easy to underestimate how alien, and scary sometimes, it can be for newbies.
  • Iceweasel
    Iceweasel Posts: 4,912 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I would suggest that every soft/first appeal to a PPC should end with the words:

    The above is my appeal against your punitive charge.

    If you do not cancel the charge, send me a code in order that I may appeal to POPLA.

    That would prevent these scammers from saying that they didn't recognise that what was written was an appeal.
  • HO87
    HO87 Posts: 4,296 Forumite
    Don't be tempted to mess around too much.

    Write to them along the following lines:
    Dear Sirs

    PCN No. XXXXXXXX

    You are referred to the appeal against the issue of your invoice, detailed above, and to your subsequent rejection of it.

    You are also referred to the Protection of Freedoms Act 2012 which makes it clear that a creditor may request the driver's details from the registered keeper. The law attaches no element of compulsion to this facility and your requirement that these details are supplied before you consider the appeal in this case is therefore ultra vires.

    Accordingly, please therefore deal with the appeal within the terms of the British Parking Association Approved Operator Scheme Code of Practice and supply a POPLA reference number or, if you are minded to accept the appeal, provide timely notification of that acceptance and your withdrawal of the charge. Please take careful note that if nothing is heard from you within 14 days the matter will be considered to be closed.

    Yours faithfully
    Once you have sent that off then complain to the BPA - [EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL] - including a copy of the letter sent to you.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Coupon-mad
    Coupon-mad Posts: 161,479 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    bestpud wrote: »
    I searched and read a good few VCS threads and I wasn't clear as to what most people do about it and it seemed a few put a line in their soft appeal about it, which I didn't, so thought I'd double check. Better to be clear and not risk messing up and losing to them. :)

    Is it worth adding a sentence to the newbie guide if this crops up a lot? Just a thought.


    I would do if it was true of most PPCS, but it's only Excel and VCS that send that pointless auto-response...to confuse people no doubt...but it is only an auto-response!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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