A-S parkign advice

rob392

Hi Guys,

Thanks for all the help so far.

After emailing a response (similar to above) to A S parking illustrating the fact they cannot decide what is or isn't an appeal, I received a letter from them which seemed to completely ignore any previous email correspondence, just stating that as I had not made payment within the 14 days, it was now at the larger sum.

I resent the original appeal, this time as a letter with the previous emails attached, reminding them that they cannot decide what is/isn't an appeal and that if they wish to reject my appeal then they must provide a POPLA code.

I haven't heard from them since I sent this letter on 3rd June. The issue is that I leave to go travelling for 2 months next week. Is there a time limit for POPLA application after the original PCN? I am worried that if I go away and leave my mum to deal with the letters, she will panic. However I do not want to "poke the dragon" and ask for a decision from A S parking, when their silence seems to me that they have given up?

Any advice?

Thanks again!

rob392

Ignore that ^^ letter arrived today. They still refuse to acknowledge the appeal on the grounds that it is a generic one, regardless of the fact that the generic appeal is still completely relevant.

They *very kindly*:rotfl: dropped the amount back to £60 but have said if they recieve no correspondence from me in 14 days they will issue a letter of rejection...finally!


So I shall be ignoring this letter, lets hope they can finally put a POPLA code in their rejection letter when it comes. I used the full tempate for the original appeal, when it comes to POPLA do you reccomend still using all of the appeal points, even though the most relevant one is GPEOL?

Thanks!

Redx

I would email the BPA and complain that their CoP isnt being adhered to, and enclose copies of all correspondence and dates (details in post #6 of the newbies thread)

let their AOS compliance dept deal with it

Coupon-mad

As per this directive, quote it at them and complain to the BPA and DVLA by email:

https://forums.moneysavingexpert.com/discussion/comment/65843759#Comment_65843759

email addies for the BPA and DVLA are in the NEWBIES thread post #6 about making complaints.

rob392

Cheers guys, how does this look?

Dear Customer Complaint Resolution Team,

As the registered keeper of the car “XXXXXXX”, I am writing to complain about the actions of ‘A S Parking’ due to their consistent refusal to deal with my Penalty Charge Notice appeal appropriately (Ref #: XXXXX) and their repeated breach of both the KADOE contract with the DVLA and the BPA code of practice. Rather than accepting or rejecting my appeal, they are attempting to force me into additional correspondence to obtain a POPLA code which, as clearly stated in your notice to PPC’s, is not acceptable:

“The following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied”

I have repeatedly reminded ‘A S Parking’ that it is not their right to decide what does, or does not constitute an adequate appeal and further, that if they are to reject my appeal then they must provide an POPLA code without resistance. I simply wish to invoke the proper appeals process through POPLA and this belligerent company refuse to allow this to happen.

Please deal with A S parking accordingly, as it is quite apparent they are determined to go about business in an unlawful and unreasonable way.

Yours,

bod1467

Looks good. Make sure any such email/letter is marked COMPLAINT RE. BREACH OF KADOE AGREEMENT

Coupon-mad

That's fine for the DVLA complaint, although they will probably wash their hands of it and tell you to complain to the BPA! So do the BPA complaint as well (nothing about KADOE but all about the breach).

rob392

Cheers!

Can I just check, when this gets to POPLA, will I be able to appeal on ground of GPEOL. I am confused if the signage A S parking uses will allow this:

"Pay and Display

Contractual agreement
This is private property. By using this facility you accept ther terms of this contract and agree to pay any charges detailed below. No unauthorised parking at any time.

Terms and condtions of Use
-A valid ticket must be displayed face-up, on the dashboard or attached to the windscreed; enabling all the information to be inspected.
-All vehicles must be parked within a single allocated parking bay (This oddly makes no sense, as the car park is sand and has no marked bays!)
- Tickets are non-transferable between vehicles
No occupied vehicles from 9pm-9am

By parking in contravention of the above terms and condtions of use; you agree to the sum of £100.00 per day.

Coupon-mad

rob392 wrote: »

Cheers!

Can I just check, when this gets to POPLA, will I be able to appeal on ground of GPEOL. I am confused if the signage A S parking uses

Yes yes and more yes, it's clearly (to us and to a POPLA Assessor) a matter of breach. The words 'unauthorised' and 'parking in contravention' give the intention away as clearly NOT a 'contractual fee' matter to allow parking in any old fashion in exchange for a bung! The latter is the game played by just a few rare PPCs. Not A-S Parking!

rob392

Great, cheers for the help. Sent that complaint to the DVLA and an adapted one to the BPA!