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Parking Charge for Stopping/Waiting less than 20 seconds!

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13468913

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  • backtobasix
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    here is my wording for the complaint to BPA: Is this OK or should I add/remove anything:

    Dear BPA,

    I am writing to complain about the practices of Park Direct UK.

    I received a PCN from Park Direct which I appealed using POPLA's service.

    Unfortuantely the appeal was unsuccessful.

    One of the points in my appeal rebuttal was that Park Direct sent me an evidence pack that did not include the same documents as they sent to POPLA. I requested POPLA to disregard the additional evidence they were provided (as this is something they had been practising since 2012). However much of the final decision was based on evidence I did not recieve from Park Direct.

    I believe the evidence pack was a false instrument and contrary to the rules of POPLA/BPA code of practice, and as a result Park Direct have tried to obtain a pecuniary advantage by showing POPLA evidence that should have been disregarded because it was never shown to me.

    Please can you confirm what sanctions you will put on Park Direct umder these circumstances

    If you require anything further from me please do not hesitate to ask

    Best Regards
  • Coupon-mad
    Coupon-mad Posts: 132,074 Forumite
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    edited 7 April 2016 at 12:43AM
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    Make sure you forward the evidence pack to the BPA with that complaint and put the PCN number and 'FORMAL COMPLAINT ABOUT PARK DIRECT RE PCN XXXXXXX'.

    And email POPLA back but this time to complaints@popla.co.uk

    as shown here:

    https://popla.co.uk/faqs-and-advice
    We can only investigate complaints that involve allegations of poor service or performance, for example where we have:

    treated you rudely;
    failed to keep you updated on progress;
    caused unnecessary delays;
    failed to explain things properly; or
    any other shortfall in service
    If you have a complaint about the standard of service that we have provided, please send us an email to complaints@popla.co.uk

    ... and say a dismissive reply to a complaint from a nameless person in the 'POPLA Team' is not following any set complaints procedure.

    State that you were not trying to appeal further nor 'disagree' with a decision. You were complaining about the standard of service of POPLA who have failed in their duty of care to a consumer. The Assessor failed to disregard evidence that they knew (because you showed them) was not provided to you in your evidence pack. It is fundamental that evidence packs for POPLA and appellant MUST match exactly and you told POPLA it did not, yet they ignored that and considered evidence of landowner authority that was never provided to you.

    You can add that you also consider the reply from an unnamed person in the 'POPLA team' disgraceful and rude, when it was very clear this is a valid complaint about the service, not a person merely upset about a decision. A complaint should be treated far more professionally and seriously - at the very least, the 'POPLA Team' should direct people to the FAQs if they wish to complain. Yet POPLA gave you no such information, you had to trawl through the website FAQS to find this email address which was not in plain sight nor given to you when they dismissed your first email.

    State that you wish to invoke their formal complaints procedure and that the complaint should be escalated to the Lead Adjudicator, John Gallagher, as you understand that this was the normal course of events under the old 2015 POPLA system. A year ago, when a valid complaint was raised you have discovered from research that it was never dismissed and was always handled by a named Service Manager, Mr Reeve, or the Lead Adjudicator Mr Greenslade, who replied personally and certainly raised cases to be looked at again if evidence should have been disregarded.

    And finish by saying that you will also be compaining to ISPA that POPLA's previous clear and fair policy of disregarding evidence if it was apparent that the appellant had not been sent the same, has been watered down and in fact, lost when the Ombudsman Service took over. Clearly this change in policy is wholly unfair on consumers.

    :mad:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Ralph-y
    Ralph-y Posts: 4,563 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    backtobasix ....

    by following this advice you will be doing the members of this illustrious forum a valued service ......as well as fighting for your self ....

    the ISPA appears to have been spurred into action and have been 'rattling POPLA's cage' as of late .....

    this needs to continue until POPLA is brought back on track ..

    the old POPLA had teething problems in its early days ..... so this hopefully can be achieved again ...

    to a fair independent appeals service !

    good luck

    Ralph:cool:
  • System
    System Posts: 178,096 Community Admin
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    I now see why the two new adjudicators that ISPA have hired to look at POPLA standards have criminal law backgrounds. Looks like PD may be sailing close to the wind with their packs and misrepresentation.
  • backtobasix
    backtobasix Posts: 48 Forumite
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    here is my updated complaint to POPLA:


    Dear POPLA,

    I want to make a formal complaint about the standard of service of POPLA who have failed in their duty of care to a consumer. The Assessor failed to disregard evidence that they knew (because I showed them) was not provided to me in my evidence pack. It is fundamental that evidence packs for POPLA and appellant MUST match exactly and I told POPLA it did not, yet you ignored that and considered evidence of landowner authority that was never provided to me.

    I also consider the reply from an unnamed person in the 'POPLA team' disgraceful and rude, when it was very clear this is a valid complaint about the service, not a person merely upset about a decision. A dismissive reply to my complaint from a nameless person in the 'POPLA Team' is not following any set complaints procedure. A complaint should be treated far more professionally and seriously - at the very least, the 'POPLA Team' should direct people to the FAQs if they wish to complain. Yet POPLA gave me no such information. I had to trawl through the website FAQS to find the correct email address which was not in plain sight nor given to me when you dismissed my first email below.

    I wish to invoke your formal complaints procedure and that the complaint should be escalated to the Lead Adjudicator, John Gallagher, as I understand that this was the normal course of events under the old 2015 POPLA system. A year ago, when a valid complaint was raised I have discovered from research that it was never dismissed and was always handled by a named Service Manager, Mr Reeve, or the Lead Adjudicator Mr Greenslade, who replied personally and certainly raised cases to be looked at again if evidence should have been disregarded.

    I will also be compaining to ISPA that POPLA's previous clear and fair policy of disregarding evidence if it was apparent that the appellant had not been sent the same, has been watered down and in fact, lost when the Ombudsman Service took over. Clearly this change in policy is wholly unfair on consumers.

    Yours Sincerely
  • dazster
    dazster Posts: 502 Forumite
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    Good.

    I need to make this longer, MSE you are such a bunch of pedants.
  • backtobasix
    backtobasix Posts: 48 Forumite
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    Dear BPA,

    I am writing to complain about the practices of Park Direct UK.

    I received a PCN from Park Direct which I appealed using POPLA's service.

    Unfortunately the appeal was unsuccessful.

    One of the points in my appeal rebuttal was that Park Direct sent me an evidence pack that did not include the same documents as they sent to POPLA. (Aditional evidence provided to POPLA included landowner authority and site images with signage circled in red). I requested POPLA to disregard the additional evidence they were provided (as this is something they had been practising since 2012). However much of the final decision was based on evidence I did not recieve from Park Direct.

    I believe the evidence pack was a false instrument and contrary to the rules of POPLA/BPA code of practice, and as a result Park Direct have tried to obtain a pecuniary advantage by showing POPLA evidence that should have been disregarded because it was never shown to me.

    Please can you confirm what sanctions you will put on Park Direct under these circumstances

    I enclose a copy of the evidence pack which I received. If you require anything further from me please do not hesitate to ask.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Copy this in writing to your local Trading Standards Department.
    You never know how far you can go until you go too far.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    First Post Combo Breaker First Anniversary
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    I still say Beavis provides a defence against Adhesion contracts were the driver decides to reject, not park and leave the car park.
    I do Contracts, all day every day.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    check your letters for spelling mistakes, seen one or two in there , so as its an official complaint make sure they dont focus on errors and have no choice but to accept it as factually and visually correct

    eg

    additional
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