Parking Fine Park direct uxbridge active for less car park

enfield_freddy

Flower_123 wrote: »

Hi thanks for your help.


I am now at the POPLA stage. I was wondering what I needed to attach to POPLA. I complained to BPA and then sent me an email back defending Park Direct, do I attach this? Also as they have inadequate signage should I go back and take a photo of the sign. I'm assuming I also attach the letters I received form Park Direct as they don't include the correct wording and were not send in the correct timescales?


Thanks!

the BPA may have defended park direct , but did you ask them to check if park direct gave a grace period on this car park , they will not give you the period , but will reply after being pushed that either there is or there is not.


this email added to your appeal could prove that park direct were not abiding to there agreement with the BPA/DVLA


get back on to the BPA and ask:


Company: Park direct Ltd
Site: xxxxxxx
Time entered: (time), (date)
Time left (time) (date)




http://www.britishparking.co.uk/write/bpa_...ctober_2012.pdf

page 10

grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace
period at a site if our compliance team or our agents ask
what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.


2 counts , 1: grace period on entry , 2: grace period on leaving


13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

Please will you contact Park direct and ask them for the grace periods , both on arrival and on leaving , before this ends up at POPLA

thank you




you can send that to [EMAIL="Steve.C@britishparking.co.uk"]Steve.C@britishparking.co.uk[/EMAIL]

Fruitcake

In addition to the above, I would suggest you complain to the DVLA that the BPA are not supporting their own code of practice concerning grace periods which uses the word "must" in its membership requirements.


Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

enfield_freddy

yup , but let them (BPA) reply that either a grace period is in force or not


grace period , = driver innocent
no grace period = sanction points to the PPC , and a probable dropping of the charge




let the BPA do the running around and sit back awaiting the comments


either way , is a win win

Flower_123

Thanks its a shame that POPLA aren't taking appeals. id rather this was sorted asap.


Is this ok to say to BPA? Thanks




In response to your below email.





This merely shows the vehicle on site but in the final photo, driver was there too. This is not evidence of parking, nor any contravention whatsoever. Within a 2 minute period the driver got out of the car read the sign, decided not to park and then left. No contract was formed.





Taken from your code of practice:


grace periods





13.1 Your approach to parking management must allow a


driver who enters your car park but decides not to park,


to leave the car park within a reasonable period without


having their vehicle issued with a parking charge notice.


13.2 You should allow the driver a reasonable ‘grace period’


in which to decide if they are going to stay or go. If the


driver is on your land without permission you should still


allow them a grace period to read your signs and leave


before you take enforcement action.


13.3 You should be prepared to tell us the specific grace


period at a site if our compliance team or our agents ask


what it is.


13.4 You should allow the driver a reasonable period to leave


the private car park after the parking contract has ended,


before you take enforcement action.








Please will you contact Park direct and ask them for the grace periods , both on arrival and on leaving , before this ends up at POPLA.





Furthermore, you state that the driver was observed by a parking attendant. Therefore there has been a breach of DVLA KADOE contract. No audit trail and no reasonable cause.





Operators are only authorised under their KADOE contract with the DVLA to request keeper’s data if one of the following has arisen:





- where a PCN on a windscreen has already been issued, in the case of a manned car park.


OR


- where the issue of a PCN by post is planned (without a windscreen PCN) - this being allowed only in the case of an ANPR camera car park.





This case was neither. It lacks the required audit trail the DVLA insist upon from all AOS members. DVLA Inspectors enforce the rule: 'all vehicles should be ticketed where ANPR technology is not utilised'. This is a fact in the public domain via FOI:


Driver and Vehicle Licensing Agency - November 2012


‘‘I have since my visit taken further instruction on this procedure. Please would you note that if an operator has the ability to take a photograph of the offending vehicle they should also place a ticket on the vehicle and allow the transgressor time to pay before data is requested from DVLA. I advise that all vehicles should be ticketed where ANPR technology is not utilised.


Summary of Issues: {Operator} to cease making vehicle keeper enquiries to DVLA where ANPR technology has not been used, and vehicles have not been ticketed. (Lack of Audit Trail) ’’





This was not a car park with ANPR cameras. An operative took manual photographs there was no attempt to issue the penalty at the time of the alleged parking. So it is a non-ANPR case for which there MUST be a Notice to Driver served first and 28 days allowed for the driver to appeal or pay. In fact, 28 days was not allowed, a hybrid Notice was posted early, as soon as Park Direct got my data soon afterwards. There was no PCN served so this should never have progressed and it constitutes a DVLA and ICO rules breach - this matter is a common scam played out by Park Direct and it is the subject of several current complaints to the BPA.





This makes a mockery of the DVLA KADOE contract, their ICO registration, the POFA, the BPA CoP and Consumer Protection regulations.


I will be forwarding this email to DVLA.

enfield_freddy

no just the simple one liner I posted ,


Company: Park direct Ltd
Site: xxxxxxx
Time entered: (time), (date)
Time left (time) (date)




http://www.britishparking.co.uk/write/bpa_...ctober_2012.pdf

page 10

grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace
period at a site if our compliance team or our agents ask
what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.


2 counts , 1: grace period on entry , 2: grace period on leaving


13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

Please will you contact Park direct and ask them for the grace periods , both on arrival and on leaving , before this ends up at POPLA

thank you



no more detail to the BPA yet , they will twist the facts if they have the info , ie: if you say you overstayed 8 mins they will say the grace period is 7 mins




the BPA are not on our side , they are a club , with paying members (PPCs) they say what the PPCs tell them to do


let them give the info you need , then you can fire a full complaint in

Flower_123

Thanks so I sumply reply back with

Please will you contact Park direct and ask them for the grace periods , both on arrival and on leaving , before this ends up at POPLA
?
They already know the driver was there for 1 min 30 secs. They contacted park direct who informed them their attendant saw the driver leave the car park so a contract was formed and the grace period does not apply.

Thanks

enfield_freddy

Flower_123 wrote: »

Thanks so I sumply reply back with

Please will you contact Park direct and ask them for the grace periods , both on arrival and on leaving , before this ends up at POPLA
?
They already know the driver was there for 1 min 30 secs. They contacted park direct who informed them their attendant saw the driver leave the car park so a contract was formed and the grace period does not apply.

Thanks

" their attendant saw the driver leave the car park so a contract was formed and the grace period does not apply."


is this in the unlisted section of the BPA handbook?


I would start signing your letters "Usain Bolt" , 1 min amd 30 secs to leave the car park and return ?


that's a lot of time for the warden to observe the vehicle




ok get this in print , they have by there code of practice to allow a grace period


let them try and say its 1 min and 29 secs , that will go down well (in print) to POPLa



as posted previously


grace period , = driver innocent
no grace period = sanction points to the PPC , and a probable dropping of the charge




let the BPA do the running around and sit back awaiting the comments


either way , is a win win




get the grace period , by alternate means , state the PPC , the car park BUT NOT the ticket number and send it via an alternative name/address

Flower_123

Ok thanks Ifor your help! I will ask in my name and from another name and email address.

Flower_123

This is the response i got from BPA

As the parking charge notice was issued for stopping or waiting where stopping or waiting restrictions apply, a grace period is not applicable in this case.

ManxRed

So, they've obtained the registered keeper details from the DVLA for an incident that is not concerned with 'parking'?

What was the actual word for word 'offence' listed on the ticket and other paperwork?

Clearly the contract was not accepted. This case wouldn't last 10 minutes in a court.