PCN - Southampton Town Quay

bazster

Being delayed due to a DVLA investigation is rather unusual circumstances.

However, the Code of Practice is clear: they must decide your appeal within 35 days, and if there are exceptional circumstances they must let you know and give you a revised date. So if they don't, write to them and tell them they are out of time and you deem your appeal accepted.

Umkomaas

I've put their letter right in another thread, so for completeness:

ParkingEye are currently [STRIKE]awaiting confirmation from [/STRIKE] under investigation by the DVLA [STRIKE]and the British Parking Association [/STRIKE]concerning [STRIKE]how appeals for[/STRIKE] our pursuit of Registered Keepers, using PoFA 2012, at Associated British Ports Town Quay (Short stay), despite that area being 'not relevant land' as it is believed to be already covered by byelaws [STRIKE]ought to be dealt with[/STRIKE].

Leighsaa

Thanks Bazster, I wonder if DVLA made contact with them following my e-mail complaint. Should I be concerned?

PE don't seem to be following the CofP. I'll definitely drop them an e-mail and you're right it would be nice to know if there are exceptional circumstances, what exactly they are and to be given a review date.

Leighsaa

Thanks umkomaas

bod1467

Leighsaa wrote: »

PE don't seem to be following the CofP.

There's a surprise.

Leighsaa

Hi all, quick update. I have emailed PE re: Bazster's advice. Now on day 69 and not heard back from PE.

I also had an e-mail today from DVLA "thank you for your correspondence where you have raised issues concerning a parking charge notice issued to you for the alleged breach of the terms and conditions of parking. I will investigate the details of this case and will provide a response on its completion."

Leighsaa

Leighsaa

Hi all, I've received an email from the woman dealing with the complaint I sent to BPA, her response to follow. It's a bit disappointing really as she appears to just takes their word for it and hasn't queried anything with me regarding their practice. For example, PE's letter in August didn't include their FAQs and it wasn't until the beginning of this month that they wrote to me to say the invoice was on hold.

"I have investigated your complaint with Parking Eye and can advise as follows.

Parking Eye confirmed you responded to their letter which included their FAQ’s on the 11th August 2014 and you requested the charge is cancelled or a POPLA Code is provided.

Parking Eye are currently awaiting guidance from the DVLA regarding the legislation associated with your case. Therefore, the charge has been placed on hold until they have received a response from the DVLA.

Parking Eye have confirmed they have sent a letter to you confirming the charge has been placed on hold at the reduced amount and they will contact you as soon as they can.

If the charge goes up before a response is received from Parking Eye, then please do contact me so I can assist you further.

For the time being, I suggest you wait until you hear from Parking Eye regarding the situation.

Thank you for bringing this matter to my attention."

Coupon-mad

That will be Gemma Ridgewell then, the POPLA Liaison Officer. Stating the bleedin' obvious again and fobbing people off - she does excel at her job!

bazster

Dear Woman,

The BPA AOS Code of Practice states that where an appeal to the operator takes longer then the specified 35 days to decide (due to exceptional circumstances) the operator must advise the motorist of the date by which the appeal will be decided. ParkingEye has advised me of no such date, and hence is in breach of the CoP. Furthermore, with the 35 day period having elapsed long ago and no revised date provided, my appeal is deemed successful and ParkingEye advised accordingly.

Leighsaa

Hi Bazster and Coupon-mad, I replied to the woman at BPA including what you advised and her response as follows:

I can confirm Parking Eye have been contacted regarding this situation and been advised a response to your correspondence is required as soon as possible. If you have not received a response by the end of next week, please do contact me so I can assist further.