PPC Question/ advice please

Northlakes

You might add this from the Consumer Protection from Unfair Trading Regulations 2008
(4)
Claiming that a trader(including his commercial practices) or a
product has been approved, endorsed or authorised by a public or private body when the trader,the commercial practices or the product
have not or making such a claim without complying with the terms
of the approval, endorsement or authorisation.

dantheman1985

thanks northlakes, but what will i be adding that in relation to on my letter?

Umkomaas

'recieved' - replace with 'received' (spelling)

'assumptious' - do you mean 'presumptuous'?

'irrelivent' - replace with 'irrelevant' (spelling)

Suggest you run your spellchecker over the letter before despatch.

You also need to build in the quote (I made in my post) from the BPA memo to the PPC network about making motorists jump through hoops. That way they know that you know what you're talking about.

Beef up that complaint!

Northlakes

Sorry OP I have been going through UTR regulations 2008 tonight and when I saw your post it seemed to me that AS Parking whilst claiming to be a member of the BPA were just flouting the code of conduct of that organisation.

The meaning of my previous post was that when drafting your e-mail to Steve Clark you should also state,

"I believe AS Parking are in breach of the Protection From Unfair Trading Regulations 2008 where a trader claims to be a member of a trade body whilst not complying with its terms of approval."

dantheman1985

thankyou northlakes and umkomaas, how about this?...

please ignore the spacing of the letter, something was amiss when i copy and pasted it, i have a good spell checked version saved.




For the attention of Steve Clark.

I am writing in relation to a parking charge notice I have receivedas keeper of the vehicle from A S Parking, based in Newquay, Cornwall.


On the 29/09/14 as the keeper of the vehicle I received aletter demanding £100,

As the driver of the vehicle had failed to comply with theterms and conditions of use of the car park.



On the 6/10/14 I wrote an email of appeal and sent it to theaddress provided, assuming that the appeal would either

A) Be accepted andthe charge be cancelled or

The appeal isrejected and a POPLA code be issued.



This is the email:


"Re: PCN No. ****
I refer to the abovenotice which I challenge, not as driver but as keeper of the car, on thefollowing grounds:

A). The sum soughtdoes not represent a genuine pre-estimate of any loss and yet it is intended asa deterrent, so the charge is a penalty.

b). The signage onsite is deficient, the wording unclear and it fails to comply with the Code ofPractice.

c). In the absence ofany evidence it is my case that you lack any or sufficient proprietary interestin the land.

d). Your notice wasdeficient and fails to comply with Schedule 4 of the Protection of Freedoms Act2012.



This is my formalrepresentation. There will be no admissions as to who was driving that day andno assumptions should be drawn in the absence of evidence.

I have decided to appealthis as keeper and as such, you must either rely on the POFA 2012 or you mustcancel the charge if you know you cannot claim keeper liability in this case.

Please uphold this challenge or send a rejection letter, soI can escalate this matter to the independent appeal service offered by yourTrade Body.



Yours faithfully

**** *****(registered keeper)

****
*******
*****

Unfortunately the reply I received in the post did notaddress either point A or Point B; this is the reply that was received

Dear Sir/Madam

RE: Parking charge notice number **** (vehicle: ******)

Issue date 27/08/2014

Thank you for your template correspondence in relation toParking Charge Notice

Unfortunately the template is generic; as such it does notencompass an appeal specific to your case.

Every car park is different, every car park operator managesits affairs in a different manner, each parking event is

Unique; therefore a "one size fits all" templatesuch as this is not appropriate.

The author’s only argument is that he/she claims that thecharge is unenforceable in law, and has listed a variety

Of reasons in the hope that one of them may be relevant(there is no mention of the actual parking event). Clearly

they feel that ALL parking charge notices are unenforceable(despite the numerous recent court cases that have Proved to the contrary).

Our advice is to always seek professional legal advice,rather than seek advice from online anti-enforcement hobbyists with little orno legal training.

As you have used a template letter from one of the abovesites we are unable to investigate or tailor a response to your specificappeal.

As a gesture of good will, this parking charge has now beenplaced on hold for 14 days in order to give you the opportunity to submit anappeal in your own words,

Detailing the grounds upon which you are appealing that arespecific to your case.


Upon receiving this reply I genuinely have to say that I wasabsolutely dumbfounded and appalled at the complete lack of professionalismdisplayed by A S parking,

This reply clearly does not accept or reject the appeal; itis very presumptuous about the appeal allegedly being a "template"which is in fact absolutely irrelevant In any case, and does absolutely nothing but reinforcegeneral public opinion that most PPC operators are cowboys out to make easymoney.

I am also aware that the DVLA and BPA have previously warnedPPC's about making motorists jump through hoops to drag a POPLA code out isactually in breach of the BPA Practice, and this is what was transmitted to all BPA PPC's

Quote:

"The following practices may be considered as Codebreaches and must not be continued:

• Asking the motorist to enter into additionalcorrespondence to obtain a POPLA code

• Failing to include a correct and/or valid POPLA Codewithin the Rejection correspondence

• Issuing a POPLA Code with a date identifier which issignificantly different from the date of rejection

• Appearing to indicate that the issue of a POPLA Code isconditional on driver details being supplied “


Taking the above quote from the BPA into account I alsobelieve that AS Parking are in breach of theProtection From Unfair Trading Regulations 2008 where a trader claims to be amember of a trade body whilst not complying with its terms of approval.


I hereby formally request that you undertake an URGENT investigationinto this unprofessional correspondence I have received as I genuinely feelthat I would be wasting my time resending the perfectly acceptable appeal toeither get the charge cancelled or the appeal rejected and a POPLA code issued.


Yours sincerely,
***** *******

Northlakes

Can you go through it again and check for typo's. Quite a few joined up words that shouldn't be there (spaces needed).

dantheman1985

its been completely proof read, spell checked and altered accordingly by my book worm of a partner, the version that will be emailed is totally sound, other than that is the content correct?

dantheman1985

also when i send the letter, do i send it to steve clarke with a CC for A S Parking? do i state anything to A S parking regarding the fact i wont be having any further dealings with them until the matter has been investigated?

Northlakes

Just to Steve Clark would be my opinion as AS parking will just rubbish anything you say.

dantheman1985

also at the bottom of as parking letter it does say

If we do not receive anyfurther correspondence from you, a letter of rejection will be issued on thebasis that you have not provided any specific legitimate grounds for appeal.

Alternatively, yourpayment of £100.00 may be made as per the instruction below. I have attachedsome evidence that may assist you with your decision.
is my complaint still valid?