Unable to challenge charge under BPA code of practice?

Pop_queen

Hi I'm starting a new thread under the advise given.

To cut a longer story short, I ignored previously letters from PE due to reading old posts (realise big mistake). My last letter from them was September 2013. Until I received a letter from Debt Recovery Plus Ltd on the 9th August 14 demanding payment.
After researching on here I decided to write stating whilst I'm the legal owner of the car I was not the driver. Template was provided on here.

They have issued response today stating as per the British parking associations code of practice, point 22.7 the time to challenge the charge has now expired and therefore access to the Independant appeals service is no longer available. From what I have read I believe this may not be true. But I don't know what to do now?

Ps I have emailed the retail park manager with copies of receipts to show I was a genuine customer in the retail park at a free car park requesting they cancel the charge.

Please could anyone spare some advice as I'm at my wits end and due to go on holiday next week and they are demanding payment by the 1st September.

Redx

there is a full post on debt collector letters and especially about DRP at the top of this forum , so please read it

debt collectors cannot do anything at all (apart from write scary or stroppy letters) so ignore them

but do not ignore any LBCCC or MCOL from the PPC (Parking eye) or the landowner or his managing agents

you didnt say if the pcn was before or after oct 2012 (which matters too)

you will find recent advice in this similar thread about a debt collector

https://forums.moneysavingexpert.com/discussion/5035663

so did I mention ignore the debt collectors including DRP ?

the PPC or landowner have up to 6 years to chase you under MCOL rules

so file the DRP drivel but you need to read about LBCCC and MCOL so you know what may happen in the future about this

if PE wanted to, they could still issue a POPLA code, but wont do so, so its ride it out until an LBC or MCOL

and dont forget that post in the NEWBIES sticky thread, tells you everything you needed to know

if you wish to appeal it (still) , write to PE with the template letter

and cancellation by the landowner is also the best way forward too

Fergie76

What was the date of the invoice?

Was it a window invoice or ANPR postal one?

bazster

Ignore DRP, they are toothless bullies and their 1st September deadline is pure bovine excrement.

As for PE: they can issue a PoPLA code any time they like. The BPA Code of Practice says they don't have to, but it doesn't say they can't! PoPLA will hear the appeal however "late" it might be.

If the parking "event" was before October 2012, or it was in Scotland, ignore everything.

Otherwise your options are:

(i) ignore, and hope you are not in the approximately 1:10 ignorers who PE brings a court claim against

(ii) name the driver to PE (not DRP), thereby forcing them to start all over again and give the driver the opportunity to appeal

(iii) write to PE appealing the charge as the vehicle keeper, demanding a PoPLA code should they refuse, and pointing out that should they be foolish enough to bring a claim against you there will be consequences if they have unreasonably refused alternative dispute resolution (they won't issue a PoPLA code, but you'll have reduced the likelihood of them trying a court claim).

Relax, and enjoy your holiday!

pogofish

Pop_queen wrote: »

Hi I'm starting a new thread under the advise given.

You would do better still to wake-up your original thread, not hijack someone else's.

https://forums.moneysavingexpert.com/discussion/comment/65667758#Comment_65667758

Coupon-mad

After researching on here I decided to write stating whilst I'm the legal owner of the car I was not the driver.

Did you use the template link to a letter NAMING the driver? If not, no idea which other template you are talking about, on the forum we wouldn't tell people just to say 'I wasn't driving' (not since 2012!). Not without naming the person with a serviceable address.

Did you name (name and address) the actual driver, so they get their own PCN to appeal, to rewind this back to square one where the driver can win easily at POPLA. This is already covered in the Newbies thread, is that what you did? If not, then email ParkingEye direct and set out the name and address of the driver, using [EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL] as the email addy, with your PCN number in the subject. This idea of resetting the clock is already explained in the top thread.

If that IS what you did, spelling out who that driver was, then simply complain urgently NOW by email to the BPA that PE are still pursuing you as keeper even though you can prove you've already sent the name & address of the driver to both PE and their debt collector. Ask the BPA to investigate as PE should only be sending a letter to the driver now. Email addy for the BPA is also in the top thread. Also copy in the ParkingEye email address so they can see you've complained to the BPA. Should work.

Pop_queen

Sorry for any confusing.

As I foolishly ignored the original letters that were sent to me almost a year ago (as I believed at the time I was doing the write thing but later realised it was an old thread I had read). I believed no further action was to be taken as it's almost been a year since my last letter. Out if the blue I received a letter from DRP demanding payment.
I therefore sent the standard template letter from this forum advising I was not the driver at the time of the alleged parking event and provided a name and address for whom was. Yes hoping to force them to start all over again against the driver and not me. My letter was sent to both PE and DRP.
DRP have issued a response that states as per the British parking associations code of practice, point 22.7 the time to challenge the charge has now expired and therefore access to the Independant appeals service is no longer available. I failed to stipulate the drivers contact details within the stipulated timescales the liability now rests with the registered keeper of the vehicle.

So my question is are they lying? Should they now be pursuing the third party who's details I have already provided them with?

bazster

OK, thanks for clarifying. DRP will tell you any old pack of lies. DRP can't issue the driver with a Notice to Driver, only PE can do that, and DRP can see their commission slipping away, hence the lies.

Ignore DRP from now on.

Did you get a free proof of posting for the letter you sent to PE? If not, send it again and this time get the proof of posting.

Pop_queen

bazster wrote: »

OK, thanks for clarifying. DRP will tell you any old pack of lies. DRP can't issue the driver with a Notice to Driver, only PE can do that, and DRP can see their commission slipping away, hence the lies.

Ignore DRP from now on.

Did you get a free proof of posting for the letter you sent to PE? If not, send it again and this time get the proof of posting.

Bazster- thank you for your response. Yes I have proof of postage for my letter that was issued not only to DRP but to PE also. PE have yet to respond.

bazster

Fine, you're in the clear. Do nothing unless and until the driver receives a Notice to Driver from PE. Ignore DRP completely, whatever lurid but empty threats they might send you.

Pop_queen

Ok so I will ignore any letters from DRP. Parking Eye has been issued with the same letter therefore am I to believe they should take more notice and pursue the driver now?

In the mean time I have contacted the managing agents for the retail park and explained the situation and backed my complaint up via email today and sent them receipts to show money had been spent at the time of the incident. I hope they will cancel but don't want to sit back and wait.

Should I be doing anything as I don't want to risk returning home from holiday to find court papers. Really appreciate everyone's help x