Appeal not permitted Driver/RK issue

DTDfanBoy

Hi all,

I received an invoice from a parking company. I emailed the parking company a basic appeal.

" I wish to appeal parking charge xxxxxxxxx as I dislike your parking company "


I received back notification they they would not process my appeal as I was not the registered keeper/driver.

They request I provide written authorisation from the RK that I may act on their behalf.

Am I correct in thinking that I have no obligation to divulge any details when lodging an appeal, I have no idea why they don't think the email came from either the RK or driver, but that said they have no reason to believe that it did given that the only information I provided them with was the parking invoice number.

I think at this stage I'll just let this run until I receive the next letter through the post from them, then raise a formal complaint with the threat or reporting them to the BPA. I did that last time after I appealed, they emailed back requesting a store receipt, I obviously ignored that request, they then cancelled then charge after receiving my formal complaint.

I just don't want to miss out on a POPLA code if my appeal at present actually isn't valid

Are there any actual guidelines on what a constitutes a valid appeal to a parking company ????

bod1467

Did you identify yourself in the appeal? (As in name and address, not whether driver or keeper).

Were you appealing a notice to keeper (postal notice)?

If it's a keeper appeal there's really no reason to NOT identify yourself as the keeper (if you are such). If you don't then they can easily decide you must be the driver ... after all, if you're not the keeper or driver why are you appealing? And if you're not the keeper then you must be the driver, else how did you get the PCN?

DTDfanBoy

I didn't identify myself at all in the appeal, my 12 word appeal is posted in it's entirety :beer:

The NTK was received in the post, parking at the site is attempted to be enforced via ANPR.

I realise there's no real harm in identifying oneself as RK in the appeal, but it was already getting rather wordy and I'd prefer to spend my time doing other things

I'm just trying to establish that my appeal is valid in the eye of the BPA, the parking company will probably just cancel after receiving my next formal complaint, but I'd like to make sure I've submitted an actual appeal in case they have other ideas

bod1467

But if you didn't identify yourself in ANY way then they can't know WHO has appealed, therefore they can't respond to accept or reject the appeal, because they don't know who to respond to.

Did you respond by post or by email?

DTDfanBoy

bod1467 wrote: »

But if you didn't identify yourself in ANY way then they can't know WHO has appealed, therefore they can't respond to accept or reject the appeal, because they don't know who to respond to.

Did you respond by post or by email?

I appealed by email.

I provided all the information their appeals information on the parking charge insisted upon, namely the parking charge notice number.

They made requests for additional information in their Appeals Information on the back of the NTK, but the wording of the document made it very clear that the additional information requested was optional, " should, may , if you wish to etc "

Is there any official guidance on how someone may appeal a parking charge ??

As far as I'm concerned the parking charge in question can be clearly identified with the information I have provided them, and until I see a formal requirement for me to provide details they already have I see no need to do so

Coupon-mad

If you appeal by email you must give a name and postal address and you could say ''I am the keeper and I wish to appeal parking charge xxxxxxxxx as I dislike your parking company.'' Seeing as they already know you are the keeper (they posted the letter to you after getting the DVLA data) why would you not declare who you are?

But personally I suggest just using the template appeal in the newbies thread which sees off lots of PPCs at the first attempt.

Nice to see a 'DTD fan' - I used to do the Tesco thing back in the day when everything was free if they mispriced it. Those were the days; we still have the free Xbox!

bod1467

Coupon-mad wrote: »

Wait for the NTK then send it.

OP already has it - see post #3.

The_Slithy_Tove

While I disagree with the reasons that the appeal was not permitted, to be honest, you didn't make an appeal. You simply stated your dislike for the company. Your one sentence was neither an appeal nor, really, a challenge. Best at least to state a valid reason for the challenge based on more than an opinion, e.g. not recognising their authority/right to issue a charge.

ampersand

DTDfanboy - c-m and I not long ago slightly sub-claused another Thread with our mutually recalled joys of DTD and wombling, ongoing....which might be my clumsy segue into flaunting a 201 pointer from last week...and it's still a double Golden:-)

DTDfanBoy

Well I've tracked down the relevant BPA code of practice and can't see anything that states a name and address must be submitted with an appeal.

I also don't see anything that clarifies what actually constitues an appeal, and as I deem my appeal to be just as valid as the usual my child was sick, the dog ate my keys etc I'll let it stand as is for the moment as the BPA code of practice states

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge,or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and
a revised resolution date agreed. We may require you to
demonstrate that you are keeping to these times

I'll also add that appeals can be apparently be submitted by the driver & the registered keeper, and as they have no way of knowing who the driver actually was I think I'll be following my initial appeal with another, a double dip on POPLA codes is something I won't be turning down :beer:

BPA code of practice Feb 2014

POPLA (Parking On Private Land Appeals)

22.14 Drivers and keepers may appeal against a parking charge
to POPLA.

Sadly for the parking company in question they've failed to comply with their POF requirements

8 (2) (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

It beggars belief that they can't even produce a valid NTK :cool:

Has the double appeal aspect been tested around here before, both the legislation and the BPA code of conduct make it apparent that is should be possible.

DTDfanBoy

ampersand wrote: »

DTDfanboy - c-m and I not long ago slightly sub-claused another Thread with our mutually recalled joys of DTD and wombling, ongoing....which might be my clumsy segue into flaunting a 201 pointer from last week...and it's still a double Golden:-)

And what marvellous times they were, sadly my supply of Glenmorangie and Isle of Jura are slowly disappearing at last count I had under 100 bottles of each left

I'm sure that I have enough Betty Crockers pancake mix to last a lifetime though :rotfl: