Complaint to DVLA and BPA

ThornyEng

Hello

I made a complaint today to the DVLA and BPA about this, they don't appear to have a contract to penalise people, do you think it will help to stop this company from operating ? They really are awful as they hijack you for shopping, and its really the only place to park in this area.

ThornyEng wrote: »

Followed the advice and just got this from Popla

30 March 2015

(Appellant)
-v-
New Generation Parking Management Ltd (Operator)


The Operator issued parking charge notice number ****** arising out of the presence at Talbot Green, on ******* , of a vehicle with registration mark *******.

The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

---

Reasons for the Assessor’s Determination

It is not in dispute that the appellant’s vehicle was parked at the site for longer than permitted. A parking charge notice was issued after this was detected by the operator’s ANPR system.

The appellant made a number of representations. However, it is only necessary to deal with the one upon which I am allowing the appeal, that the operator lacks the authority to issue and enforce parking charge notices in respect of the land.

The operator rejected these representations. On the question of authority, the operator stated that they had authority from the landowner for their activities.

Considering the evidence before me, I find that the operator has not provided any evidence that they have authority from the landowner to issue and enforce parking charge notices in respect of the site. The operator’s assertion to that effect is insufficient to show that any authority has been granted. Accordingly, I cannot find that the operator had sufficient rights in the land to enter into contracts in respect of it. Therefore the parking charge notice cannot be held to be validly issued. In the light of this, I am not required to consider the other issues raised by the appellant.

Accordingly, the appeal must be allowed.

Christopher Monk
Assessor

Marktheshark

They dont care, both are raking in the cash.

Redx

what is ridiculous is that the DVLA only admitted to about 800 complaints (in another thread), yet I think they missed a few ZEROS off the total, and prankster has mentioned that the DVLA figures dont seem to measure up to reality

I bet if the DVLA had an actual complaint button on their website they would get thousamds of complaints a year from people using it

Marktheshark

It's protected income, they are not going to rock any boat.
Nothing short of a racket they are running.

Umkomaas

But rattling their cage is far better than meekly believing they'll do nothing about it - don't be defeatist.

Give them something to deal with. If nobody complained, then definitely nothing will be done!

Ralph-y

this is a post from the thread mentioned

just received ........



Dear Mr ,
Freedom of Information Request
Thank you for your email dated 9 March requesting information under the terms of the Freedom of Information Act 2000 (FOIA).


You asked for:
1. How many complaints have the DVLA received in the last calender year with regards to complaints about Private Parking Companies?
During the calendar year of 2014, DVLA received 801 complaints. Please note these complaints contain both complaints about individual Private Parking Companies and complaints about DVLA releasing registered keeper details to them.


2. How are they recorded?
3. Can each complaint be referenced?
Complaints that are deemed ‘Business as usual’ are logged by the Data Sharing Team (DST) and are allocated a unique reference number. The more complex complaints are logged with both DST and on the Customer Complaints Resolution Team (CCRT) database. These complaints will have both the DST unique reference number and a CCRT number.


4. How many of them were upheld or dismissed?
DVLA can confirm 32 complaints were upheld, 769 were not upheld.
The information which follows concerns the procedures for making any complaint you might have about the reply. Please quote the reference number of this letter in any future communications about it.


I am amongst others have been complaining to the DVLA ...... please feel free to join in

Ralph:cool:

Marktheshark

I agree something must be done, but we have seen how the complaints system works.
A class action and sue them is the answer, compensation for mis-selling data.
Only when this level is reached will they stop laughing, let alone read a complaint.

Fergie76

ThornyEng wrote: »

Hello

I made a complaint today to the DVLA and BPA about this, they don't appear to have a contract to penalise people, do you think it will help to stop this company from operating ? They really are awful as they hijack you for shopping, and its really the only place to park in this area.

They don't need a contract to access the DVLA database, by being a member of the BPA they are deemed to have reasonable cause.

In my case I proved to the DVLA that there was on no contact in place with the company that was carrying out the enforcement and the contract that they had in place with another company, did not allow for them to issue invoices as it was so old it, just related to clamping.

As long as the PPC have something in writing from the leaseholder/owner that is sufficient in the eyes of the DVLA, it could even be written on the back of a fag packet for all they care, as long as they continue to collect their £2.50 each time.

· DVLA’s Contract with APCOA stipulates that where they are acting as an agent of the landowner an arrangement needs to be in place between the landowner and their agent. DVLA have not been prescriptive in stating it is a requirement for the arrangement to be reflected in a formal contract between the landowner and the agent.

And in your case even if there is nothing in place now, you can bet your last pound that there will be by the time the BPA finish investigating.

ThornyEng

So what you saying is that there is no point in complaining then? I thought no authority meant there is no contract, so what is there to stop this company from just turning up on any piece of land and start penalising people? Surely it must be illegal to do that?

Fergie76

There is every point in complaining, just don't expect too much from the DVLA or you will be disappointed.

Fergie76

Also POPLA never found that there was no authority in your case, just that the PPC failed to provide any evidence that it existed, which in the land of PPC World is two completely different things.