Care Parking - Not using POFA (!) - Do I need to bother about POPLA?

Stroma

Make a complaint to the bpa and dvla about this, they may not follow pofa 2012, but they must abide by the bpa code of practice, copy your letter to the complaint, tell them that the parking company is not allowing you to go to popla by saying you appealed late, which of course is rubbish as you have the dates for that.

Anhunedd

Interesting - a little searching and I found this very similar case where a POPLA appeal was refused as more than 28 days had passed since the ticket was issued (!) not since the appeal was made.

http://forums.pepipoo.com/index.php?showtopic=88488

It would appear Care Parking might have switched their tactics to avoid POPLA appeals.

Stroma

They are all trying to avoid popla as it costs them money, they will try and use every dirty trick in the book to try and limit people with the fake tickets, including lies, deceit and dishonesty

Anhunedd

Well said.

Still, they've picked on the wrong person this time - this one is going to be invoicing them when it is all over.

I've already got an ongoing complaint with DVLA over this too - as I mentioned before, they sent me the wrong copies (someone else's information) first time around, and even on the correct set, all the expiry dates on it were wrong.

They claim that the dates weren't relevant and they felt it was justified in releasing the data anyway. Can you imagine if we'd sent a form to DVLA with dates wrong?

Now I can add the current failures of Care Parking to my complaint to the DVLA that they are violating their KADOE agreement with them and should not be allowed to request information.

katerinababa

Interesting - a little searching and I found this very similar case where a POPLA appeal was refused as more than 28 days had passed since the ticket was issued (!) not since the appeal was made.


That's me!

Still not received a reply. hopefully they've crawled back into their shell, never to be heard of again!

Anhunedd

I've just found something interesting.

An email sent to me by Care Parking with a photo attached shows a BPA compliant sign on the entrance to the car park. That photo was emailed to me on 6 February. But just 7 days before, a colleague sent to me a photo that does not have that sign present

Yet they are claiming that signage was compliant at the time of the alleged offence 6 weeks earlier.

Interestingly, it's just as I'm writing my latest complaint to the BPA (about the lack of POPLA code), so that's definitely going in there!

Calling these guys cowboys is an insult to cowboys...

Anhunedd

Long time since the last update...

I sent a long letter of complaint to the BPA on 14th April. It was acknowledged on 7th May. Since then I've heard nothing.

I also sent a letter to Care Parking demanding my POPLA code that they had previously said they didn't have to issue. No response to that.

Having heard nothing all this time, a Roxburghe letter has arrived dated 14th July.

So I'll be telling them where to go using a standard "this is in dispute" letter. And I guess I have to go back to the BPA again. May as well throw in a letter to CCRT @ DVLA now.

Building up quite a nice little invoice to Care Parking when this is all over. Anyone know if I can claim against the landowner at all? They were very dismissive of me at the start. (Well, their agent was, they refused to let me contact the landowner).

gertysingh

At the end of the day, it will all be to do with contract law.

Your contract (initial correspondence) is with the PPC

Guess the question would be, can the landowner be held accountable for how their agent appears to be harassing you?

Just a thought: I wonder if you can make an analogy between a landlord and an agent. If the agent is harassing tenants, tenants make the landlord aware of the harassment, who is accountable? As the agent is working on behalf of the landlord, my guess is the landlord is accountable.

My guess is you might be interested in instigating a harassment charge on both the PPC and the landowner if you have made the landowner fully aware of the situation. Read up here:
http://www.legislation.gov.uk/ukpga/1997/40/contents

Afterall the landowner has the overall "say" on what happens on his land and the conduct of any of his agents. As the PPC is not abiding with the CoP and Code of Conduct set by the BPA, the PPC has knowingly pursued a course of harassment.

(p.s. I am not legally trained and just my train of thought)

Anhunedd

After contacting David Metcalf directly at the BPA, my complaint suddenly got dealt with. They ignored almost all of it (all the things about the signage only appearing after the original ticket being issued).

Worryingly, they seem to agree with Anchor / Care Parking that the appeal window of 28 days starts with the ticket being issued. In effect, as they also confirm an operator cannot ask DVLA for details until 29 days after the ticket is issued, they are saying nobody can appeal a Notice to Keeper.

I have challenged this with David.

However, they did go on to say that as Anchor / Care Parking did consider my appeal and then reject it, they should still have issued a POPLA code. And one is apparently on the way.

So a result. I am now due a POPLA code and can finally put this to rest.

Regarding the harassment angle, I guess anything at Roxburghe will go on hold now anyway, but I emailed the landowner/agent contact I had and informed them their agent was harassing me and they could potentially be jointly liable if they don't do anything about it.

Anhunedd

I now have an email from Anchor / Care Parking who still claim that I was outside the appeal window because basically I know who the driver is and refuse to name that person. They say their court case will be based around my refusal to name that person.

Nevertheless, as they have been instructed by the BPA to issue a POPLA code, I now have one and it is valid by the checker.

They also claim I made false allegations in an effort to discredit them in the eyes of their clients (the landlord) and those were libelous. I basically told the landlord Anchor were pursuing me for an speculative invoice and that they could be involved in any harassment claim.

They go on to say they will refuse me any costs claim as I could have avoided all those costs by just naming the driver.

They will literally try anything to get the driver name it would seem.

The POPLA code came without the how to claim documentation. I assume that's another breach of the regulations?