NCP appeal, wont consider until i admit being driver

CJYP

Hiya,
I had a read through the forum when i first received my ticket, read that i shouldnt admit being driver, so i didnt. I was expecting them to just decline my appeal and get my POPLA ref.
I instead received a letter saying
''unfortunately we are unable to progress your appeal further at present, as you are a third party making the appeal on behalf of the driver.
Like many other business sectors, due to conditions imposed by data protection act we are prevented from disclosing or discussing information or issues with a third part such as yourself concerning an individual driver relating to the issure of a parking charge notice.
We can however progress an appeal once we are in receipt of a signed and dated written consent from the driver of the vechicle at the time of issue of the PCN giving you full authority to act on their behalf and to receive any relevant information or data relating to them.''
Then there is some more crap about data being sensitive etc.. then..
''If you are unable to divulge the above information payment of £50 for the above notice can be made by one of the options below''
It then says i have 14 days to send this written consent in to them or it will go up to £75.
What the hell do i reply back to that?! I just assumed they would decline and i could sort it out with POPLA?
Any help at all would be great.

Thanks

Guys_Dad

Are you the RK?

And at what stage are you appealing? Have you received the NtK? If not, wait for it as per the recommendation in the Newbies thread.

CJYP

Yes im the RK, I waited until the NtK came through as read on the forum, then appealed it. That is what i got in reply to my appeal (above)

Dee140157

In that case a strongly worded response needs to be made, that you are appealing as the registered keeper. You do not have to name the driver and are not going to do so. They either accept your appeal and cancel the PCN or they reject it and issue a POPLA code.

In the meanwhile a strongly worded email to Steve Clarke at the BPA complaining about this breach of the BPA code of practice. Details in post 6 of newbie thread.

Guys_Dad

Then you reply to them that, if they are seeking to invoke keeper liability, then according to the BPA Code of Practice http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

Operator procedures
22.4 If a driver or keeper challenges a parking charge you must
review the case and decide whether to:
• uphold the parking charge and explain why it was
issued and should therefore be paid, or
• reduce or cancel the charge and take no further
management action other than informing the driver.

I can't recall if NCP have jumped ship from the BPA, so wait for any other regular with a better memory to confirm they are still BPA members.

Assuming they are, then send a letter demanding they cancel or issue a POPLA code reminding them that they have written to you as RK and then report them to Steve Clarke at BPA.

nigelbb

I thought that NCP had already been scolded by the BPA Ltd for this sort of malarkey insisting that the driver details be provided before an appeal will be registered?

Guys_Dad

nigelbb wrote: »

I thought that NCP had already been scolded by the BPA Ltd for this sort of malarkey insisting that the driver details be provided before an appeal will be registered?

Then it is even more important that OP writes a complaint to BPA !

Dee140157

Details from the 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.

22.4 If a driver or keeper challenges a parking charge you must review the case and decide whether to:
• uphold the parking charge and explain why it was issued and should therefore be paid, or
• reduce or cancel the charge and take no further management action other than informing the driver.

22.12 If you reject a challenge you must:
• tell the motorist how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form, or a link to the appropriate website for lodging an appeal and the 10-digit verification code. Even if the verification code is automatically printed on an enclosed appeal form, it must still be in the dated rejection notice/letter.

Dee140157

I was obviously sorting my quotations as others posted. Too slow!

Yes NCP still BPA members - see here
http://www.britishparking.co.uk/Approved-Operators

Dee140157

Just had a read of this thread and you are clearly not the first person with this problem.

https://forums.moneysavingexpert.com/discussion/4957130

This certainly looks like it needs further help. Hopefully Coupon-Mad will pop in and help with this one, so hold fire for a few days if you have time.

HO87

Steve Clark's email addy - Steve.c@britishparking.co.uk