PCN Help!

mazdamad

Hi all,

I've been unable to do this sooner but I have a draft complaint using all of Coupon-mad's points to send to BPA. I'm not good at this at all as I've never done it before so would just like a little confidence it is OK before I send it off. Letter is:

Dear Mr Clark

Ref: UK Parking LTD Complaint

I am writing to you to formally complain about one of your so called "approved parking operators", UK Parking LTD.

I am the registered keeper of a vehicle which was subject to a false NTK from UK Parking LTD on 15/08/2014. I have been in a temporary address and collected my post only last week and found the Notice which I appealed straight away. My appeal has been denied; however I require a POPLA code.

Does the BPA consider it right that I should be arbitrarily denied an ADR, seeing as it is the will of Parliament, as a result of the EU Consumer Rights Directive, that ADRs must imminently be made available for not less than a year? Also, as I have shown the Parking Operator that the driver did pay and display (proof of the pay & display ticket is attached) how is it professional that they are still trying to pursue the matter with you as keeper, especially as their Notice to Keeper is not even fully compliant with the POFA 2012 anyway?

Is this an example of the BPA driving up standards in the parking industry, to chase a keeper who is not liable due to the failings of the NTK and the fact they were not the driver, for a charge when the P&D sum was paid and so there is clearly no loss and the Operator is fully aware of that fact? I am appalled at the way your approved parking operator conducts business and the denial of an appeal by them for no valid reason.

Yours faithfully,


I'm not sure what other details I need to include, such as the PCN number? Does the letter sound OK and if so shall I send it?

I have also sent off the letter I found in the OP about late appeals to UK Parking LTD however it says the person who replied to me won't be in the office until 2nd Jan so will not get a response until then.

Thanks again.

Redx

it should say "with me as keeper" , not you as keeper

yes you include pcn number , dates , any paperwork (copies or scans) , plus your own details

anything and everything so their AOS can investigate without coming back to you for more info

no need to tell them the drivers details, just to complain and ask them to investigate any instances of UKPL breaking the BPA CoP , especially the lack of a POPLA code on the appeal refusal letter

mazdamad

Redx wrote: »

it should say "with me as keeper" , not you as keeper

yes you include pcn number , dates , any paperwork (copies or scans) , plus your own details

anything and everything so their AOS can investigate without coming back to you for more info

no need to tell them the drivers details, just to complain and ask them to investigate any instances of UKPL breaking the BPA CoP , especially the lack of a POPLA code on the appeal refusal letter

Just to clarify, which bit do you mean needs to say "with me as keeper"? I'm not sure how I should change the sentence.

I will include both letters sent in the post, the windscreen notice and the pay and display parking ticket too. I'll also tell them to investigate about UKPL breaking the BPA code.

Redx

I gave you my opinion on your letter, its up to you how you word it, but this letter is going to the BPA and they are not chasing YOU for anything , so I am quite sure you can find the incorrect sentence if you wrote it

I wouldnt include the windscreen notice if you are appealing as the RK, ntk and appeal refusal is all that is needed , plus any RK reminder letters

I suppose you could include a copy of the paid for ticket, but this isnt popla, its popla where you present your evidence, so for the BPA you present them with evidence of incorrect paperwork, as RK if I am right having read your posts

remember, YOU are writing to complain about a third party

Coupon-mad

which bit do you mean needs to say "with me as keeper"? I'm not sure how I should change the sentence.

We have to assume you found it - I spotted it in a few seconds soon after reading Redx's post. It is pretty obvious when you read it back.

mazdamad

Redx wrote: »

I gave you my opinion on your letter, its up to you how you word it, but this letter is going to the BPA and they are not chasing YOU for anything , so I am quite sure you can find the incorrect sentence if you wrote it

I wouldnt include the windscreen notice if you are appealing as the RK, ntk and appeal refusal is all that is needed , plus any RK reminder letters

I suppose you could include a copy of the paid for ticket, but this isnt popla, its popla where you present your evidence, so for the BPA you present them with evidence of incorrect paperwork, as RK if I am right having read your posts

remember, YOU are writing to complain about a third party

Sorry I completely misread that part of the post! My mistake! OK thanks for the comments, I shall send it off today and update the thread when I receive a reply.

mazdamad

Hi all,

To follow up from before; after the last letter I sent I have received a reply from aos@britishparking.co.uk today. I never emailed that address directly, just the BPA complaint email address and the original letter sent in direct reply to one of the UK Parking LTD people. The reply stated the following:

Dear

BPA – .

I have investigated your complaint with the operator and can advise as follows.

The operator has confirmed the notice was issued on the 15th August 2014 and unfortunately they did not receive any correspondence from you until the 22nd December 2014. By this date, you were outside the timeframe to appeal the charge.

However, as a gesture of goodwill, the operator has confirmed they will look in to an appeal for you if you send it within the next 14 days. You can send your appeal directly to Colin Harris at SolutionLabs. His e-mail address is: administration@paymypcn.net

Therefore, I suggest you submit your appeal as soon as possible and then the operator will respond either accepting or rejecting the appeal.

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

Thank you for bringing this matter to my attention.

Kind regards,

AOS Investigations Team

I'm not sure what exactly this means; are they saying I have no grounds for a POPLA appeal? Also, I don't believe I have asked for an investigation to be opened, unless that is the follow up of the initial BPA complaint?

Any advice as to what the next step would be?

Thanks in advance!

Coupon-mad

Re-send the appeal to that email address and see what response you get.

mazdamad

Thanks for the reply, I am assuming you mean to resend the appeal I found in the newbie sticky post which includes the stuff below (and more):

I challenge this 'PCN' as keeper of the car, on these main grounds:
a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price
term. It is a disguised penalty and not commercially justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the
predominant purpose of your business model is intended to be a deterrent.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer
contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any
contract with myself, or the driver, is denied.
f). This is not a 'parking ticket' - it is an unsolicited invoice with as much merit as the
publicly-derided £100 taken unlawfully from customers by a dingy Blackpool Hotel.

I just want to ensure I'm sending the correct thing!

Thanks

Redx

correct, just send the standard template, no embellishments, nothing else , to the PPC (not the debt collectors)