PCN/Not in allocated bay/Breach of contract

bazster

Wetherspoons? Ugh! Perfect for the BPA Ltd. along with all the other lowlife in dirty macs.

Edna_Basher

I see that the BPA has updated the list of members on its website; this now includes Car Park Management Services (CPMS) Ltd rather than just plain old Car Park Management Services. However, I bet that there was no new membership agreement created for this “new” member.

I’m also still pretty sure that there will be no valid KADOE contract between the DVLA and Car Park Management Services (CPMS) Ltd.

bod1467

You ignore any DC communication.

You send a(nother) complaint to BPA.

bod1467

DC = debt collector

Certificate of posting is fine. Assuming you sent it 1st class then the letter is deemed "served" (delivered) in 2 working days. (Interpretations Act 1978).

bazster

DVLA has a complaints procedure, use it. It takes you all the way to your MP and the parliamentary ombudsman. DVLA is the data controller, therefore DVLA may be breaking the DPA by dishing out your personal details to people who had no right to request them. Don't let them fob you off with the BPA Ltd.

You've nothing to fear from Lesley Cubbin/Hodgkiss and her charming jailbird husband Paul. They are so thick they couldn't even spell Cort Clame let alone bring one.

Coupon-mad

Reply back and say you have appealed and they didn't send you a POPLA code, just a pile of debt collector letters. Attach all the letters and a copy of the appeal you sent - ask the BPA to investigate what the firm are playing at.

Coupon-mad

That's the guy who should be replying though - who cases what the BPA think?! You can and should complain if you appealed and have proof that you did, yet received no POPLA code.

bazster

A sole trader cannot "change its name" to a limited company, they are completely different legal entities.

Have you asked the BPA yet whether the Paul Hodgkiss of Wigan who is a director of the limited company is the same Paul Hodgkiss of Wigan who was jailed for false imprisonment, and if so would they care to comment on what this says about their professional standards?

I would also suggest a very strong complaint to DVLA that BPA Ltd. is allowing newly-incorporated companies into its Approved Operator Scheme without carrying out any checks or audits on them. At the same time, ask whether CPMS has a KADOE contract and, if so, they need to investigate whether director Paul Hodgkiss is the same Paul Hodgkiss as the jailbird and whether the declaration of good standing was made truthfully.

bazster

Fawkes wrote: »

@Bazster, where can I get the details on the legal side so I can back up my response regarding "name change".

It hardly needs a legal opinion to see that a sole trader and a limited company are not the same thing. A sole trader is just a person, and he/she can adopt any trading name they like so long as it's not offensive and doesn't infringe anyone else's rights. The name is a kind of fiction and has no legal significance whatsoever, which is why sole traders are required by law to identify themselves by their real name in their business paperwork.

It's pretty obvious that a human being such as you, I or Lesley Cubbins/Hodgkiss is not the same thing as a limited company is it not?

Fawkes wrote: »

Who is it who has the information on the KADOE contract? BPA or the DVLA. The DVLA pushed me aside stating it was an issue for the BPA to deal with.

The KADOE contract is a contract between parking company and DVLA. BPA Ltd. has no part in it and if DVLA continues to fob you off to BPA Ltd. you should complain to your MP.

Not every parking company will have a KADOE contract. It's the contract the parking company has to sign to get electronic access to the DVLA database, but some small parking companies will be making paper requests, and some use third-party agents. DVLA should tell you whether this company has a KADOE contract, and if they refuse to tell you then FOI them.

Any company entering into a KADOE contract is required to sign a declaration of good standing, in which they declare, among other things, that none of their key personnel has been convicted of a criminal offence related to their business activities.

Edna_Basher

Hi Fawkes

The buffoons at the BPA really don’t get it do they? This matter does not relate to a simple “name change”; Lesley Cubbin has not changed her name to Car Park Management Services (CPMS) Ltd, has she?

The BPA should understand that this is a matter of basic Contract Law. Lesley Cubbin, sole trader and Car Park Management Services (CPMS) Ltd are two completely separate legal entities, both with the capacity to enter into contracts in their own name.

The BPA’s original membership contractual agreement will have been (should have been?) with Lesley Cubbin, sole trader (who happened to trade under the names “CPMS” and “Car Park Management Services”). In order for Car Park Management Services (CPMS) Ltd to become a BPA member either:

a) Car Park Management Services (CPMS) Ltd would have to sign a new BPA membership contract with BPA Limited in its own name or;

b) BPA Limited, Lesley Cubbin and Car Park Management Services (CPMS) Ltd would have to sign a Deed of Assignment to assign Lesley’s BPA membership contract over to Car Park Management Services (CPMS) Ltd

Given that Lesley’s charming husband, Paul is a director of Car Park Management Services (CPMS) Ltd, the BPA should have carefully considered whether taking this company on as a BPA member would help them to “drive up standards” in the industry.

The DVLA was very wrong to brush you aside with regard to the KADOE contract; this is between them and the Operator and does not involve the BPA. I think it’s time to send a Fisher-Price letter to the DVLA, worded in such a way that even they cannot fail (or pretend to fail) to understand.