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Parking Company obstructing appeal

Good evening,

I recently received a PCN from a private parking company. Following the MSE guide, I followed the company’s appeals process. The grounds of my appeal was that it did not represent a genuine pre-estimation of costs.

I received a response from the company rejecting my appeal. However, the “carefully considered” reasons for rejecting the appeal focused on the company’s belief that the signage etc. was correct and made no reference to my specific grounds for appeal. In addition, the rejection of the appeal did not include details on how I cold purse the POPLA process nor the POPLA reference number, needed to appeal to POPLA.

I replied to the company requesting a POPLA appeal number. The company has responded, refusing to provide me with a POPLA appeal reference number. The letter also stated as I had previously appealed once already to them, I was not entitled to appeal further. The letter then moves on to insist in pretty strong terms that I pay the charge, threatening to recover payments from me, citing Schedule 4 of the Protection of Freedoms Act. They, again, insist that I pay to “avoid further action being taken”.

As I see it, the parking company has:

1. Failed to address my original grounds for appeal in their rejection.
2. Broken BPA guidelines by not providing details on how to appeal to POPLA.
3. Is deliberately obstructing my attempts to appeal.
4. Is in breach of Schedule 4 of the Protection of Freedoms Act by not providing me with the necessary details to appeal the charge.

I have looked at the POLPA website and to make an appeal I need the 10 digit appeal reference number, which the company refused to give me.

Any advice on where I turn now, please. Should I sit tight and wait for them to purse me? Should I attempt to contact POPLA (difficult without the appeal reference number), or should I contact the ticketing company outlining their shortcomings (although using the MSE template I did state that I would not enter into correspondence with the company until they specific grounds for appeal – which they have not). Or none of the above.

Any assistance gratefully received.

Many thanks,

Horatio

Comments

  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What PPC is it?

    Given you state POPLA, I'm assuming they are a BPA member. If so complain to them, details in the newbie thread.

    Complain to DVLA, no keeper liability as they are not following POFA, therefore obtained your details from DVLA illegally.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you havent mentioned who the PPC is, but if they are members of the BPA, complain direct to s clark at the BPA and give him copies of all paperwork so far

    details are in the newbies sticky thread
  • Umkomaas
    Umkomaas Posts: 43,814 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's really frustrating when OPs don't/won't provide the identity of the PPC. It really does make a big difference to the way in which advice is given in the context of their specific cases.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    +1 we need to know which company this is. Complain to the BPA. This is a clear sanctionable offence.
    Dedicated to driving up standards in parking
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Horatio - you don't need to follow your illustrious predecessor by putting this thread to your blind eye. The questions asked are important.
  • Thank you all for the replies so far. I deliberately omitted the name of the company after reading a separate post by MSE moderators suggesting that to name a company may be verging on libelous. Being my first post here, perhaps I'm being a little over-cautious!

    The parking company is UK Car Park Management. They are members of BPA. Hope this helps.

    Best wishes

    Horatio.
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thank you all for the replies so far. I deliberately omitted the name of the company after reading a separate post by MSE moderators suggesting that to name a company may be verging on libelous. Being my first post here, perhaps I'm being a little over-cautious!

    The parking company is UK Car Park Management. They are members of BPA. Hope this helps.

    Best wishes

    Horatio.

    Complain to the BPA and DVLA as advised and provide copies of the letters you have received from the PPC as evidence of their sharp practice.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Sounds like there in need of a public flogging.
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Thanks for the advice - I'll let you know how things get on.
This discussion has been closed.
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