Station Car Park NCP ticket

Dee140157

Just gives you more grounds for complaints to BPA.

Guys_Dad

I would email the PPC back with this poisoned chalice.

"Thank you for your email of dd/mm/yy in which you refer to POFA 2012 and keeper liability. Can you confirm that the land in question is subject to keeper liability as per the Act?"

Now if the land is covered by bylaws and they say "Yes", they are in BIG trouble.

MattE

So reply received from NCP. They are refusing to discuss the case with me as they say I am appealing on behalf of the driver and data protection says they cant divulge anything although I am welcome to pay £100 (sic) to settle the matter or the 'fine' will increase to £75 after 14 days.

Interesting letter as I don't believe I have appealed on behalf of the driver. I've appealed as the registered keeper. Also all my questions have been generic so I'd be surprised if data protection laws applied.

So after 2 lots of correspondence I have no clear statement if appeal is successful/unsuccessful statement and no POPLA details.

Any thoughts on next steps? I'm thinking of just writing to them and tell them they are wasting my time and if they cannot reply to my answers I'll consider the matter closed.

Dee140157

Have you complained to the BPA? You have twice been in contact with NCP and still have not received a POPLA code. This is going against BPA code of practice. Send BPA copies of all correspondence.

Coupon-mad

MattE wrote: »

So reply received from NCP. They are refusing to discuss the case with me as they say I am appealing on behalf of the driver and data protection says they cant divulge anything although I am welcome to pay £100 (sic) to settle the matter or the 'fine' will increase to £75 after 14 days.

Interesting letter as I don't believe I have appealed on behalf of the driver. I've appealed as the registered keeper. Also all my questions have been generic so I'd be surprised if data protection laws applied.

So after 2 lots of correspondence I have no clear statement if appeal is successful/unsuccessful statement and no POPLA details.

Any thoughts on next steps? I'm thinking of just writing to them and tell them they are wasting my time and if they cannot reply to my answers I'll consider the matter closed.

Complain to the BPA that NCP are not allowing you the right to appeal as keeper (not driver).

MattE

How about this for a reply...

"
I’m surprisedthat you are hiding behind the data protection act as you have already communicatedwith me on the matter via email as noted in my previous letter. Additionally I am not appealing on behalf ofthe driver, I am appealing as the registered keeper. Also none of my questions refer to personaldata. Despite not being willing toanswer any questions I note you are still prepared to demand money – and ratherdisturbingly different amounts than are on the original PCN.


I must insistthat you answer all my questions in full, this is my third attempt atcommunicating with NCP and I’m fed up with you stonewalling me, either answermy questions, provide me with a POPLA code or stop harassing me for money."



Also what powers do the BPA have - is there any value to me in complaining to them?



Thanks

The_Deep

Complain to your local Trading Standards Department in writing, , attempting to obtain monies by misrepresentation/making false statemens.t

Umkomaas

Dee140157 wrote: »

Have you complained to the BPA? You have twice been in contact with NCP and still have not received a POPLA code. This is going against BPA code of practice. Send BPA copies of all correspondence.

Coupon-mad wrote: »

Complain to the BPA that NCP are not allowing you the right to appeal as keeper (not driver).

MattE wrote: »

Also what powers do the BPA have - is there any value to me in complaining to them?



Thanks

We've been advising you to complain to the BPA for well over a month now; you seem to be letting the grass grow under your feet on this, be careful you're not shortly to be told you've run out of time for an appeal to POPLA.

BPA can twist arms for NCP to issue you with a POPLA code which means you'll be able to win this and kick your problem into the long grass. But you somehow seem reluctant to follow the advice already given by two separate and experienced forum members. There's a limit on how many times people will give their inputs to this if advice needs repeating, with seemingly no action in response.

Complain now!

Coupon-mad

Yes the BPA is the place for the complaint (and TS). But the BPA are the ones who can investigate and can tell a member that they should issue a POPLA code. Just be careful NOT to start your complaint with 'me/myself/I' when talking about what happened, no giving away the driver in complaints. You complain as KEEPER talking 'the parking event' and 'the driver' and 'the car' (third person) and complain about trying to appeal and not being allowed to appeal even though that's a breach of the CoP (keepers can appeal to POPLA).

MattE

How's this draft letter to BPA....


RE: Complaintregarding NCP



I wish to make a complaint regarding your member NCP. As the registered keeper of a vehicle I appealed against a PCN number xxx issued in xxx station car park on 30/7/2014 via NCP’s appeal service on their website. On 28August I received an email from NCP with the subject header “NCP APPEALSDECISION” (copy enclosed). But nowherein this email does is say clearly what the decision is, neither does it answerany of the questions in my original appeal. On the reverse of the PCN it states “If we reject your appeal we willgive you the contact details of the independent appeals adjudication service” –it doesn’t give any contact details - does this indicate that I have been successfulin my appeal?



I sent a letter to NCP on 11 September seeking clarificationon the appeal status and also seeking clarity on the keeper liability referredto in their email. I received a reply on24 September which refused to discuss the case further due to data protection reasons– and demanding more money over and above the original PCN. Copies of both letters are also enclosed. Also enclosed is a further letter to NCP.



Please could you instruct NCP to either allow my appeal orissue me with correct documentation to progress this appeal to POPLA.