Advice on an appeal?

Herzlos

You're just as well doing it yourself, the steps are well detailed on here.

Moopsey

Thanks, problem is I'm dealing with a lot at the moment and just don't have time to take this further as I had planned :-( I know I saw a company who were recommended by this forum... they deal with it for you. At the moment, unfortunately, I'd rather pay them the £15 to sort than me mess it up because I have too much else on my mind. Can anyone tell me what the link is?

Btw, got a reply today. They want a copy of the permit sent in the post within 15 days and they will "drop" the charge to £60. I already sent them a copy of the permit with the appeal letter... twice.. so either they are completely stupid...

Moopsey

Oh and they also didn't provide a popla code. They said once they receive the permit, they will write back to confirm we get the £60 fine instead and then will provide popla. Shouldn't they have given it in this first response?

Moopsey

I've decided to take it forward myself, after my deliberation. I'd really appreciate some advice...

UKPC have replied to say that the appeal is on hold for 21 days until my partner has sent in a copy of his parking permit. He actually already sent them a redacted copy on his original appeal letters, for both PCN's.

They also went on with a lot of text about other court cases that have been in their favour, they claim that their penalty is a genuine preestimate of loss and that the signage is clear (to be honest, the signage is visible at the entrance to the car park).

I have decided to complain to the BPA and DVLA. I have drafted a letter to the BPA, please could somebody let me know what they think? Anything I should edit or add?

Should he sent his parking permit to UKPC? Or perhaps write to them with a short response like:

"Dear UKPC,

I have nothing to add to my original challenge.

Either cancel the charge or issue a POPLA code"

What's the general thought?

Here's the draft email to BPA:

---

Dear Mr Clark,

I have recently appealed two Parking Charge Notices from UKParking Control, and requested a POPLA code for each. I attach both appealletters which explicitly contain copies of the parking permit which was used onthe private land the PCN’s refer to.

The two PCN reference numbers are as follows:

xxxxxxxxxxxx
xxxxxxxxxxx

UKPC has responded with a letter dated 5 August, the letterdoes not contain a POPLA code and states that the appeal is on hold for 21 daysin order for me to provide additional evidence in the form of a copy of theparking permit. This copy was already provided in my first appeal letters asattached. UKPC have not fully considered the appeal and are implementing delayingtactics as I do not wish or need to add anything further at this time.

Before the 21 days have expired, I expect to hear furtherfrom UKPC with either a cancellation of the charge, or a rejection of my appealtogether with the required POPLA code.

As stated by the DVLA:

“the following practices may be considered as Codebreaches and must not be continued:
• Asking the motorist to enter into additionalcorrespondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejectioncorrespondence
• Issuing a POPLA Code with a date identifier which is significantlydifferent from the date of rejection
• Appearing to indicate that the issue of a POPLACode is conditional on driver details being supplied “

This would appear that UKPC are in breach of BPA Code.

I look forward to hearing your response on this matterconcerning both PCN’s.

Kind regards

bazster

Good, just send (both of them).

Moopsey

Also, I am drafting up a complaint email to the DVLA, please could anyone advise on this?

---

Dear Sir or Madam,

I have recently appealed two Parking Charge Notices from UKParking Control, and requested a POPLA code for each. I attach both appealletters which explicitly contain copies of the parking permit which was used onthe private land the PCN’s refer to.

The two PCN reference numbers are as follows:

xxxxxxxxxxxxxx
xxxxxxxxxxxxxx

UKPC has responded with a letter dated 5 August, the letterdoes not contain a POPLA code and states that the appeal is on hold for 21 daysin order for me to provide additional evidence in the form of a copy of theparking permit. This copy was already provided in my first appeal letters asattached. UKPC have not fully considered the appeal and are implementing delayingtactics as I do not wish or need to add anything further at this time.

UKPC have therefore breached the Code of Practice of the BPAas per the following highlighted in red:

“the following practices may be considered as Codebreaches and must not be continued:
• Asking the motorist to enter into additionalcorrespondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejectioncorrespondence
• Issuing a POPLA Code with a date identifier which is significantlydifferent from the date of rejection
• Appearing to indicate that the issue of a POPLACode is conditional on driver details being supplied “

This would appear that UKPC are in breach of BPA Code ofPractice, which in turn breaches the KADOE contract to obtain DVLA data. Thematter has been escalated to the CCR team as I have no confidence in the daterelease team to take such a complaint seriously as it is in the public domainthat they have dismissed these issues far too many times recently without somuch as even supplying a copy of the DVLA complaints procedure leaflet. If mycomplaints are not resolved properly, my intention will be to involve my MP andrefer the issue to the Parliamentary and Health Service Ombudsman.

I look forward to hearing your response on this matterconcerning UKPC and both PCN appeals.

Kind regards

Moopsey

Hi all,

Just wanted to say a big thank you for your help and advice. About an hour after I emailed my complaint to the BPA last week, my partner was approached at work by the head of security, who confirmed with him that he had two parking charges. He said that UKPC had called him to ask whether he had a permit to park within the grounds.

This morning, I received an email from the BPA, saying that upon further investigation, UKPC said that the permit provided with the original appeal letter was the "wrong colour" - how on earth it could be the wrong colour is beyond me! As all the staff at my partner's workplace have identical permits!! The BPA then said that UKPC called their client, who confirmed that the vehicle is registered as an authorised user. Upon that basis, they said the parking charge was an error, and both charges would be cancelled.

Woohooo! Glad we didn't have to take it as far as the POPLA stage, although I was armed with ammo to write the appeal! Thanks so much everyone. :T

Herzlos

Did you ask the BPA why UKPC didn't just do that in the first place instead of issuing invalid invoices? And what they intend to do about the reluctance to provide POPLA codes?

Well done on getting it cancelled though:)

Moopsey

That's a good point Herzlos, I haven't replied to them yet so will mention that. It would save a lot of hassle if they didn't go around issuing invoices without checking first! Just out there to make a quick buck, hoping that people don't question it!

The BPA did touch on the subject of the reluctance to provide POPLA by saying that UKPC were within their rights to request further information before issuing the formal rejection and POPLA. Which is a load of rubbish as they already had the permit copy.

Herzlos

You should also reiterate to them that their refusal to provide a POPLA code without further information (that's actually already been provided, and they can look up independently) is clearly a breach of their Code Of Practice. Then ask what they intend to do about it as it appears UKPC have a reputation for doing so.