Athena/Lidl refusing to review appeal/not giving POPLA

Haz2112

Hmmm seems like the BPA aren't too much help...


Dear *******,

Thank you for the information provided regarding your parking charge notice.
We have thoroughly looked into this case and have reviewed the correspondence sent and received between yourself and the operator.
We note the operator uses ANPR and a Notice to Driver was sent to the registered keeper on **.03.14.
After subsequent correspondence sent by the operator you responded on the 53rd day and advised you were not the driver at the time of the contravention and provided driver details.
As per The BPA Code of Practice 20.16 If the keeper does not reply within 28 days, or refuses to give enough details about the driver, under Schedule 4 of POFA 2012 you are able to pursue the keeper for the unpaid parking charge.
As per the above we do not in this instance find there to be a breach of the BPA code and will conclude the case.
The operator has provided all relevant information within the timescales required.

Kind regards,

AOS Investigations Team

I'm wondering if its worth just ignoring it from now on. They haven't sent anything else so far...(Final reminder on 30th April)

Stroma

They are the trade body of the parking companies, they are fully funded by the parking companies, they are bending pofa 2012 as if it says you have 28 days, there is no such thing in pofa that limits giving driver details after that number of days.

Basically they will do court on this, the pretend bpa code of practice is meaningless in court, all a judge will be interested is what pofa says. Not that it will go there to begin with.

bod1467

Stroma wrote: »

Basically they will not do court on this, the pretend bpa code of practice is meaningless in court, all a judge will be interested is what pofa says. Not that it will go there to begin with.

Fixed.

(The message you have entered is too short)

Coupon-mad

Haz2112 wrote: »

Hmmm seems like the BPA aren't too much help...


Dear *******,

Thank you for the information provided regarding your parking charge notice.
We have thoroughly looked into this case and have reviewed the correspondence sent and received between yourself and the operator.
We note the operator uses ANPR and a Notice to Driver was sent to the registered keeper on **.03.14.
After subsequent correspondence sent by the operator you responded on the 53rd day and advised you were not the driver at the time of the contravention and provided driver details.
As per The BPA Code of Practice 20.16 If the keeper does not reply within 28 days, or refuses to give enough details about the driver, under Schedule 4 of POFA 2012 you are able to pursue the keeper for the unpaid parking charge.
As per the above we do not in this instance find there to be a breach of the BPA code and will conclude the case.
The operator has provided all relevant information within the timescales required.

Kind regards,

AOS Investigations Team

I'm wondering if its worth just ignoring it from now on. They haven't sent anything else so far...(Final reminder on 30th April)

Don't let the BPA off this hook - reply and ask the BPA to point out where POFA 2012 says that keeper liability is still allowed if a keeper names the driver 'before proceedings commence' as you have done.

CLUE - they won't be able to!

bazster

Don't let DVLA off the hook either.

Escalate your complaint to the "customer complaint resolution team":

CCRT
D16W
DVLA
Swansea
SA6 7JL

Tell them that you are not satisfied with the response to your original complaint. Explain that you are still being pursued as registered keeper even though you provided the driver's name and address, that POFA sets no time limit on providing the driver's details, but that the DVLA person who responded to your original complaint doesn't seem to understand this and hence responded inaccurately.

Point out that because you have named the driver then, according to POFA, there is no longer any keeper liability. Conclude that alleging keeper liability where none exists is a serious matter constituting a misuse of your personal details and for which DVLA has in the past suspended access to the KADOE system. This is what you expect them to do in this case.

The DVLA's full complaints procedure is here:

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

If you still don't get a satisfactory response you write to the DVLA's Chief Executive, and if you still don't get a satisfactory response you write to your MP and ask him/her to take it to the Ombudsman.