Evidence Pack

zoeisababe

British Parking Association have replied to my complaint of not recieving an evidence pack:

I have logged your complaint under reference BPA 062**.

I will investigate with the operator why the evidence was not sent to you when the appeal was with POPLA.



How much does it cost the company to organise an evidence pack? are they just skipping corners?
also..looking back.we never recieved notice to keeper either...just a reminder for payment.

bazster

Come on Zoe, you've seen who you are dealing with. Probably took him a week just to compose that email from Jeff Be11end.

zoeisababe

Bazster...you do make me laugh!!!

bazster

zoeisababe wrote: »

Bazster...you do make me laugh!!!

I aim to please!

zoeisababe

Argh. I pointed out to BPA that APS UK Ltd had not provided an evidence pack. they have contacted the operator who says they have.

BPA have replied with:

We have received a response from the operator regarding your complaint and can advise as follows.

The operator has confirmed the evidence pack was sent out to you the same day it was sent to POPLA – on the 8th September. They have not received a complaint regarding their evidence not being received before.

In regards to your POPLA appeal, you do need to wait for a reply from POPLA regarding the fact the evidence was never received by yourself and see what they can do for you.

As the operator has not breached our Code of Practice, we are unable to investigate the matter further. As POPLA are an independent appeals service, we are unable to get involved with issues surrounding your appeal.

In view of the above, I have closed the investigation.

Thank you for bringing this matter to my attention.

zoeisababe

So i replied with :


I have not received this evidence pack.

I have complained to Jeff Bell at APS UK Ltd regarding this.

Do they have evidence it was sent to me, like a recorded delivery receipt etc?

Anyone can say they have done something.


and they have said.......

Thank you for your reply.

Unfortunately the evidence was not sent by recorded delivery. We do not require the operator to send the evidence by recorded delivery and therefore this is not a breach of our Code of Practice.

If you inform POPLA the evidence pack was never received, they should be able to advise you on your options. We cannot force POPLA to re-hear the appeal as they are independent. Only the Lead Adjudicator at POPLA can decide on re-hearing the case. Therefore you should wait for the response from POPLA.

Kind regards,

AOS Investigations Team

zoeisababe

Can I reply to Jeff Bell'3nd with

YOU ARE A LIAR... arghhh this has made me so mad!

zoeisababe

POPLA have now forward the email from davidchandler at allparkingservicesukltd.com with photographic evidence: he has said:

[FONT=&quot]Dear Sir / Madam[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Case notes for parking appeal 0162234002[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Parking Charge Notice Number – APS0076[/FONT]
[FONT=&quot]Vehicle Registration – V***A[/FONT]
[FONT=&quot]Location – St Anne’s Pier, St Anne’s on Sea[/FONT]
[FONT=&quot]Date / Time 07/08/14 15:20[/FONT]
[FONT=&quot] [/FONT]

[FONT=&quot]Ticket Issue & Car Park Details[/FONT]
[FONT=&quot]Vehicle’s parking on this car park must display a valid pay & display ticket in the windscreen of their vehicle at all times.[/FONT]
[FONT=&quot]During a routine patrol our parking attendant checked the above vehicle and found that there was no pay and display ticket on display.[/FONT]
[FONT=&quot]The attendant checked to see if a ticket had fallen off but was visible inside the vehicle however he could not see anything, because there was no ticket on display the attendant issued the above vehicle with a parking notice, photos of which are attached.[/FONT]
[FONT=&quot]The vehicle in question was parked on private land, quite simple you are not entitled to park on private land without the land owners consent. In the case of this particular land, the land owner agreed to allow parking on the following terms, namely:- [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]a)[/FONT] [FONT=&quot]That you have to display a Valid Pay & Display Ticket[/FONT]
[FONT=&quot]b)[/FONT] [FONT=&quot]You agree to pay a fee of £100.00[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The private land contains signs from All Parking Services UK LTD confirming the terms and conditions prevalent in relation to the aforementioned private land in terms of parking. The terms and conditions of the parking on this private land were clearly set out on the signs and by parking your vehicle you accept those terms and conditions which were clearly stated in unambiguous language.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There is an entrance sign informing that the car park is a pay and display car park, and to see internal signs for details.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We have attached entrance and internal photographs of the site signage.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The car park in question was assessed by the BPA during our yearly AOS audit in June 2014 and passed. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We can prove that we have the correct signage in place, the photographs we have provided show this and by the fact that this car park passed the BPA’S AOS audit in June 2014.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The British Parking Associations Code of Practice guide line is a 5 minuet grace period our attendant gave the vehicle 10 minutes before issuing the parking ticket.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There is no reason for the assessor to find in the drivers favour as APS UK LTD has proved that there was no valid ticket on display when the notice was issued.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]All Parking Services UK Ltd[/FONT]
[FONT=&quot]Appeals Department[/FONT]

zoeisababe

POPLA haven't agreed to a reappeal but replied with the below.

Can I ask again for a reapppeal seen as they haven't addressed my request?

[FONT=&quot]Thank you for your email below.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please find attached a copy of the operators evidence.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]POPLA Administration Team.[/FONT][FONT=&quot][/FONT]

Coupon-mad

So you reply by email and say something like:

POPLA CODE XXXXXXXXXX
Thankyou for forwarding this evidence which I now require a fair period of time to consider and comment upon as I would have been allowed to, had I been sent it in a timely fashion, by the Operator. They were allowed time to consider and respond to my appeal and they have breached the BPA Code of Practice by not sending me the same evidence as was supplied to your Assessor. They will have been unable to evidence to you any proof of posting, that they ever made an attempt to send me a copy (quite simply because they didn't send me anything). I can confirm this is the first time I have seen this information.

I noticed in the October 2014 POPLA newsletter the following information:

Late evidence
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]If a party delays submitting original or additional evidence to POPLA until just before the scheduled date of determination, the Assessor may have to adjourn the matter for a short period in order that the other party can see and, should they wish, comment upon it.

Operators should therefore ensure that their evidence is sent to POPLA and to the appellant in good time.

Many operators now send their evidence to POPLA and the appellant simultaneously by email. This provides clear evidence as to the date it was sent, should any issue arise. [/FONT]

[/FONT][FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]This ensures that exactly the same pack is before the appellant as is before the Assessor. It also means that the Appellant can confirm that the stated number of pages has been received. [/FONT][/FONT]
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]
Paragraph 22.16 of the BPA Code requires operators to keep to the processes and other requirements of POPLA.[/FONT][/FONT]

So it seems clear that, since I was furnished with no evidence at all (never mind late) it is POPLA policy to adjourn/stop the case temporarily to allow me to consider and comment upon the Operator's evidence. As such, I am emailing to let you know that I feel it would be fair to allow me 14 days to look at the evidence supplied and to comment upon it. I trust that is acceptable and will email you again by 17th November with my comments.

I have copied in the Operator so they are aware, and trust you will be drawing their breach of the BPA Code of practice to the attention of the BPA. After all, the new CoP has recently been discussed and shared with all Operators and they will be very aware of their obligations to show an appellant all POPLA evidence. Please advise whether the appeal will be reheard once I have had my chance to review the Operator's evidence?




Do make sure you copy in old Jeff Be11end as well (then show us the whole evidence this weekend - is it literally JUST that email and some pics?! What about a copy of both sides of the PCN, and the appeal and rejection letters ,and any contract, or site map of signage?). Not sure if we can help much as your appeal didn't have any legs I seem to recall. - and if you didn't question their standing and landowner contract, or GPEOL, then POPLA may not consider points to that effect now. Can you remind us exactly what the wording of your first appeal was, and your POPLA appeal please? As well as showing us 'all' of Jeff Be11end's evidence for trying to relieve you of your hard-earned?