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NCP appeal, wont consider until i admit being driver

2

Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 28 June 2014 at 2:29PM
    Typical PPC pack of lies. Whose rights are they going to infringe under the DPA? The driver? How? They don't know who that is! The only information they have to reveal to anyone is the registered keeper details, and I sort of think the RK already knows those!

    Dear NCP scum,

    As you know perfectly well I am not a third party making an appeal on behalf of the driver, I am a first party making an appeal on behalf of the keeper. How the hell could NCP infringe the rights of the driver under the DPA when, by your own admission, you don't actually know who the driver was?

    Your letter is a pack of lies and has been forwarded to the BPA Ltd. and the DVLA with a demand that sanctions be imposed on you.

    In the meantime I remind you that the BPA CoP requires you to uphold or reject my appeal with in 35 days. The clock is ticking and if you neither uphold my appeal nor issue a PoPLA code within the prescribed timescale I will consider the matter closed.

    No further correspondence will be entered into.

    Yours with extreme prejudice,

    The Keeper
    Je suis Charlie.
  • CJYP
    CJYP Posts: 42 Forumite
    Thank you for all ur replies, Im not very good with wording letters to make it sound like i know what im going on about (I really have no idea!)
    Bazster, Could i actually send what you have said or was it a joke?
    I dont mind waiting a few more days to see what everyone thinks i should about it. Cant believe they didnt just simply decline my appeal.
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Complain to the dvla and bpa, you'll find the addresses in the sticky thread. They are in breach of the bpa cop, don't take we can't do anything by the bpa over this, this was distributed to all ppcs because of the conduct and lies by companies like ncp
    “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 “
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I wouldn't use Bazster's letter as it stands as all correspondence will go to either POPLA or, heaven forbid, a court.

    Try

    Dear Sirs,

    Ref etc..................

    I refer to your letter to me as keeper Keeper of the vehicle in question dated dd/mm/yy in which you write
    "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.''

    You will be aware that this is, of course, incorrect and against the BPA code of practice. I refer you to section 22.4

    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.

    and a recent letter sent to all members by the BPA
    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

    Clearly you are in breach and I now require you forthwith to either cancel the charge or supply me with a POPLA code immediately.

    I have, of course, reported this breach to the BPA.

    I await your reply.
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Guys_Dad wrote: »

    I have, of course, reported this breach to the BPA.

    just to make it easy for you:

    aos@britishparking.co.uk
    Dedicated to driving up standards in parking
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Read this thread which I think is the one that caused me to suggest that people appeal early to an NCP windscreen ticket:

    http://forums.pepipoo.com/index.php?showtopic=83356&st=40

    Look at post #56. Pathetic response from the BPA - hope you get better!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CJYP
    CJYP Posts: 42 Forumite
    Excellent thank u for all ur replies again, I will send the wording that guys dad suggested and complain to BPA and DVLA. Hopefully i get a better response then the thread posted by coupon mad.
    Typical i end up getting a ticket from NCP and not another company that may be easier to deal with!
  • HO87
    HO87 Posts: 4,296 Forumite
    NCP are easy to deal with and are one of the least litigious private parking companies (i.e. they very rarely take court action and have spectacularly stubbed their toes when they did - also had to pay out substantial damages).

    They are just playing fast and loose in the hope that you will crumble and pay them. Stay strong. The advice you are being given is entirely sound.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    Coupon-mad wrote: »
    Read this thread which I think is the one that caused me to suggest that people appeal early to an NCP windscreen ticket:

    http://forums.pepipoo.com/index.php?showtopic=83356&st=40

    Look at post #56. Pathetic response from the BPA - hope you get better!

    Annoyingly that thread just dies - any idea what happened in the end C-M ?
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 29 June 2014 at 7:38AM
    CJYP wrote: »
    Bazster, Could i actually send what you have said or was it a joke?

    Not a joke at all. It's up to you of course, but it's what I would send. They are taking the p**s, why shouldn't you do the same?

    I would be happy to justify a letter like that in a court of law (not that this is ever going anywhere near a court of law). If you wouldn't, well, make your own choices!
    Je suis Charlie.
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