Parking Charge Notice – 'Appeal' Letter

Redx

tell them to check their equipment for evidence , in the meantime also tell them you have given them every chance to either cancel or issue a popla code so give them those 2 options only and threaten to report them to the BPA and DVLA if you havent done so already

also tell them you will provide your evidence when you see their unredacted copy of the contract with the landowner as evidence proving they have locus to pursue vehicle owners !!

then get the popla code and beat them at popla , costing them money !

they will string it out if you dont get tough with them , no fee is payable when you beat them at popla so it can be £70 or £7000 as its irrelevant

the only fee that is payable is any costs the LANDOWNER has lost in your parking there , so any fee owed to the landowner , which if you paid there isnt one

Coupon-mad

Email the BPA using the email addy in the NEWBIES thread post #6. You appealed in time so they HAVE to send you a POPLA code.

Spring_Heeled_Jack

Thank you everyone for taking the time to reply.

I have now drafted a response to Excel, although I fear it may be too long and sarcastic (I can't help myself). Feel free to rip it apart and tell me what isn't necessary:

"To whom it may concern,

I wrote to you on [date] as the registered keeper of the vehicle registration number [reg no.] to confirm receipt of your parking charge notice [PCN #] dated [date]. In the letter I said that, following legal advice, I wished to challenge your invoice, and presented you with 8 reasons for this challenge, which would be raised with POPLA if necessary.

The letter you sent me to request further evidence for 1 of these reasons on [date] did not confirm cancellation of this parking charge notice, nor did it include a POPLA verification code. As you will be aware, this is in breach of the BPA’s Code of Practice.

The BPA recently issued guidance to all members to remind them of this fact, and I mentioned in my previous letter that I would be reporting any further communication from Excel Parking Services that did not confirm cancellation or include a POPLA verification code to the BPA. Please find enclosed my letters of complaint to the BPA and the DVLA for your records. You can, no doubt, expect to hear from them soon.

As for your request for evidence of the ticket that was purchased by the driver, in the 3 months that have passed between the parking ticket being issued and your request for evidence, the paper ticket has already been sent to the local council’s recycling plant. I imagine that you will be glad to hear this, as your company must be as equally committed to the environment as myself and the driver are, considering you chose not to waste paper on a notice to affix to the vehicle or hand to a person appearing to be in charge of the vehicle, even though Schedule 4 paragraph 7 of the PoFA states that this MUST happen before a vehicle is removed from the relevant land after the end of the period of parking to which a notice relates.

I suggest that, if you do require evidence of the issued parking ticket, your own equipment should be checked

I also mentioned in my previous letter that if you rejected my challenge and insisted on taking the matter further that I may claim my expenses from you. Just to remind you, the expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me, you have agreed to pay these costs when I prevail.

Lastly, your assertion that I "did not lodge an appeal within the time provided" must be a matter of semantics, as I chose to use the word 'challenge' rather than 'appeal'. I feel, therefore, that it is only fair to point out that you have acknowledged my appeal by later saying that receipt of the requested evidence will "enable [you] to further review [my] appeal."

Please now only write to me to confirm cancellation of this invoice or forward a POPLA verification code. I look forward to hearing from you.

Yours faithfully"

I will draft my letters of complaint to the BPA and DVLA this evening. Does an example letter of complaint exist anywhere on the forum?

ColliesCarer

Personally i wouldn't put in the paragraph about no longer having the ticket - below is my suggested re-draft of your letter


"To whom it may concern,

I wrote to you on [date] as the registered keeper of the vehicle registration number [reg no.] to confirm receipt of your parking charge notice [PCN #] dated [date]. In the letter I said that, following legal advice, I wished to challenge your invoice, and presented you with 8 reasons for this challenge, which would be raised with POPLA if necessary.

The letter you sent me to request further evidence for 1 of these reasons on [date] did not confirm cancellation of this parking charge notice, nor did it include a POPLA verification code. As you will be aware, this is in breach of the BPA’s Code of Practice.

The BPA recently issued guidance to all members to remind them of this fact, and I mentioned in my previous letter that I would be reporting any further communication from Excel Parking Services that did not confirm cancellation or include a POPLA verification code to the BPA. Please find enclosed my letters of complaint to the BPA and the DVLA for your records. You can, no doubt, expect to hear from them soon.

As for your request for evidence of payment, I suggest you already have this within your system and that your own equipment should be checked. I have submitted my appeal and have nothing further to add.

I also mentioned in my previous letter that if you rejected my challenge and insisted on taking the matter further that I may claim my expenses from you. Just to remind you, the expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me, you have agreed to pay these costs when I prevail.

Lastly, your assertion that I "did not lodge an appeal within the time provided" must be a matter of semantics, as I chose to use the word 'challenge' rather than 'appeal'. I feel, therefore, that it is only fair to point out that you have acknowledged my appeal by later saying that receipt of the requested evidence will "enable [you] to further review [my] appeal."

Please now only write to me to confirm cancellation of this invoice or forward a POPLA verification code. A failure by you to provide either response within xx days from the date of this letter will be deemed an implied agreement on your part of my rejection of your invoice and I will consider the matter closed.

Yours faithfully"

Umkomaas

I think I'd be including my first invoice 'for their attention'. Sets the scene!

Spring_Heeled_Jack

Thank you so much for your replies, and for that redraft! The kindness of people on this forum never ceases to amaze me!

Would it be fair to give them 15 days to respond? That's how long they gave me to provide them with their 'evidence'.

As for the invoice, I would love to do this. Would I need to provide receipts, or just an itemised invoice? I already had an envelope to send the first letter in, so no receipt there, but I may just have to buy a new packet so I can send my letters of complaint to the DVLA and BPA tomorrow...

Umkomaas

As for the invoice, I would love to do this. Would I need to provide receipts, or just an itemised invoice? I already had an envelope to send the first letter in, so no receipt there, but I may just have to buy a new packet so I can send my letters of complaint to the DVLA and BPA tomorrow...

Did they send you any receipts with their invoice? Let me guess.........

Spring_Heeled_Jack

I wasn't able to find a template for a letter of complaint to the DVLA/BPA after a search of the forum, so I've drafted my own. If it's ok, or just needs a bit of tweaking, I'm happy for it to be used as a complaint template if one doesn't already exist.

David Dunford
Operational Manager
Data Sharing Team C1East
DVLA
Swansea
SA99 1DY
WALES

Dear Mr Dunford,

I wish to register a complaint about Excel Parking Services Ltd., a Private Parking Company based in Sheffield, England.

I wrote to Excel Parking Services on [date] as the registered keeper of the vehicle registration number [vehicle reg] to confirm receipt of their parking charge notice [PCN #] dated [date]. In the letter I said that, following legal advice, I wished to challenge their invoice, and presented them with 8 reasons for this challenge, which would be raised with POPLA if necessary.

In my letter I reminded Excel that the BPA recently issued guidance to all its members which stated that any further communication that did not confirm cancellation or include a POPLA verification code would be in breach of the BPA’s Code of Practice. I informed Excel that I would be reporting any further communication that did not confirm cancellation or include a POPLA verification code to the DVLA and BPA, which is why I am writing to you today.

On [date] I received a letter from Excel Parking Services which requested further evidence for 1 of the reasons I gave for my challenge. It did not confirm cancellation of the parking charge notice, nor did it include a POPLA verification code.

Please find copies of Excel’s original PCN invoice [date], my original letter [date] and Excel’s response [date] enclosed, should you wish to review them.

I would also like to bring to your attention that Excel have stated that I "did not lodge an appeal within the time provided", even though my original letter was sent within this timeframe (please see copy of proof of postage enclosed).

I feel that Excel’s correspondence with me has now reached the point where it can be seen as harassment, and would prefer for them to now confirm cancellation of this parking charge notice or forward a POPLA verification code to me so that I do not have to deal with them directly any longer. I have found their letters to be quite threatening, and believe that they are attempting to bully me into paying this speculative invoice. I hope that you share my concern and deal with this matter accordingly. Thank you for taking the time to read my letter.

Yours sincerely,

Spring_Heeled_Jack

Umkomaas wrote: »

Did they send you any receipts with their invoice? Let me guess.........

Hahaha, fair point! They can expect to find an invoice enclosed then.

Umkomaas

Perhaps some slight adjustments?

In my letter I reminded Excel that the BPA - after instruction from the DVLA - recently issued guidance to all its members which stated that any further communication that did not confirm cancellation or include a POPLA verification code would be in breach of the BPA’s Code of Practice.

I have found their letters to be quite threatening, and believe that they are attempting to [STRIKE]bully[/STRIKE] extort me into paying this speculative invoice. I hope that you share my concern and deal with this matter accordingly.