BPA Code of Practice, Paragraph 22.8

dr1981_2

Hi there,

I am in the process of appealing to POPLA against Indigo Parking. It took 41 days and numerous email for them to respond to my appeal, I then quoted BPA Code of Practice, Paragraph 22.8 and requested the PCN be cancelled.

They wrote back with a POPLA code and advised that BPA Code of Practice, Paragraph 22.8 does not apply to my appeal.

Can anyone offer advice on this please as I need to determine whether to use it as a point in my appeal to POPLA.

Thanks in advance

DR

Fruitcake

It is difficult to answer without knowing the details of the original PCN, what you put in your appeal to the PPC, and seeing what other points you have in your PoPLA appeal. I suggest you post up a redacted version of your draft PoPLA appeal here so the experts can comment.

dr1981_2

Thanks Fruitcake, here is a copy of my original appeal to the operator:

This letter is a formal challenge to the issue of your Parking Charge Notice as set out in the current BPA Ltd AOS Code of Practice B.22

On xxxxx I was the registered keeper of a xxxxx, registration number xxxxx.

Before I decide how to deal with your Parking Charge Notice, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concerns are its disproportionate and punitive level, and whether Meteor Parking Ltd. have the authority of the landowner/landholder to issue tickets on their land.

1. Your parking charge amount claim.

Please explain on which of the following grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

2. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

3. Your status – the creditor.

Your Parking Charge Notice simply mentions Meteor Parking Ltd. Please tell me who is the actual creditor making this £90 parking charge demand. I need to know exactly who is making the claim and in what capacity.

4. Ownership of premises.

Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice.

6. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice.
If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.
If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Fruitcake

Please confirm the exact full name of the parking company as I cannot find one called Indigo Parking in the BPA or IPC members lists. You have mentioned Meteor parking in your post above but Indigo Parking in your first post so I am doubly confused.

Redx

Indigo is the new name for Vinci etc, BPA member

Indigo Infra Holdings UK Ltd http://www.vincipark.co.uk

Fruitcake

Redx wrote: »

Indigo is the new name for Vinci etc, BPA member

Indigo Infra Holdings UK Ltd http://www.vincipark.co.uk

But not called Indigo Parking, or Meteor as mentioned in the OP's appeal.

dr1981_2

It was originally Meteor Parking Ltd, c/o Vinci Park when the ticket was issued. I believe they were then taken over by Indigo Parking and all email correspondence now comes from Indigo, the rail website addresses them as follows: Indigo Parking Limited, Part of VINCI Park Services UK Ltd

pappa_golf

meteor trains?


type of location please?

dr1981_2

It was a railway station car park. Not meteor trains, the rail operater is South Eastern Railway, the company Meteor / Vinci / Indigo. Its hard to keep up with who the operator actually is!

pappa_golf

ahh , now it is coming out


have you checked if railway bylaws apply on this land ?


what is the charge ?


please scan up your "ticket" and any NTK received , as this might not be as simple as it sounds


they are declining POFA , so something might be amiss


date of offence please?

pappa_golf

meteo parking (google) takes you to the train companys website


the following is on it


Appeals should be sent to [EMAIL="appeals.se@southeasternparking.co.uk"]our appeals team[/EMAIL]. Alternatively, your appeal can be sent to: London Midland Parking, Indigo Park Solutions UK Limited, Customer Support Centre, PO Box 2466, WATFORD, WD18 1XH
Please do not telephone, as we are unable to process Parking Charge Notice appeals over the phone.
I have appealed a Parking Charge Notice, what if I disagree with the decision?

In the first instance, all appeals against Parking Charge Notices must be made in writing following the instructions shown on the Parking Charge Notice within 28 days

If you have received the decision regarding your appeal and are still not happy, this can be appealed once more to Indigo for review by a manager.

If after both these steps you are still unhappy with the handling of the complaint, you can contact the independent rail passenger watchdogs: Passenger Focus or London TravelWatch. Full details concerning these independent bodies can be found at:

www.railpassengers.org.uk
www.londontravelwatch.org.uk






so this is a non POPLA situation


http://www.southeasternparking.co.uk/consumer/faq