PCN letter with incorrect parking address

Usain_Boat

Thanks,

Do you think its beneficial to include when appealing such as
* The car park name/ address doesn't exist
* The PCN received 30 days after the incident which is mentioned on >>> "6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charge".

* The Operator does not have authority to contract with the Appellant at the site in question. The Appellant requires proof of ownership of the land or any contract from the land owner providing such authority;

Coupon-mad

Yes, it won't hurt.

arthurx1234

The address may be written incorrectly but the ppc may also have a location number for that car park written on the ticket, so using the wrong address as a "get out clause" may not work --- but good luck
arthur

Usain_Boat

****UPDATE****
I have appealed to Civil Enforcement ltd regarding the issue above and did not receive any rejection or PoPLA code. However , instead I have received a letter from ZZPS ( assuming debt collector) demanding the parking charge and saying they are acting on behalf of the civil enforcement.

I have gone through few ZZPS issue threads and got the impression that I need to complain to BPA and DVLA but not sure to complain about Civil Enforcement or ZZPS. Both hasn't followed the POFA 2012 and BPA code of practice. ZZPS stated on their letter that they are a member of BPA and BPA code of practice demonstrate that their members must follow their code of practice and POFA2012.

Any suggestion on what I should do would be much appreciated.
thanks

Coupon-mad

I'm confused because first of all you said you HAD appealed and got a reply and then a LBCCC:

I have emailed them saying I haven't parked at the car park they stated on their letter and then I have received another letter with few CCTV picture of my car.

As you would do, I have ignored their second reminder letter and now I have received a Letter Before Action stating they take me to court.

Then you said:

I haven't appealed yet and haven't got PoPLA code.

Thing is, you HAD appealed and it seem, you HAD wasted a POPLA code already. You emailed them (that's an appeal!) and they replied with a letter with photos on (and if you read it properly, that letter was your rejection letter with your POPLA code in it). Too late now for that.

You seem to have no grounds to complain to the BPA if I'm right that the letter with the photos had your POPLA code in it and you missed that stage. Just ignore debt collector letters from ZZPS but read ahead NOW, don't wait, to see what letter not to ignore: court papers.

Search the forum for 'Schwartz' to read about how to respond if you get a claim from CEL.

Usain_Boat

Sorry for the confusion,

The very first thing i did before research or anything, i emailed them saying the parking didn't happen at the car park they mentioned in their PCN which came through the post after 28 days of the incident. My email was sent a week after the first pcn I have received from them.

A week later , I have received a second letter saying " please find attached your photographic evidence as requested" with few photos only , no POPLA code or anything.

Then two weeks later , I have received a final pcn reminder and then over a month later again I have received a letter before action . Which then I have send them another formal email ( appealed) and didn't receive any rejection or POPLA code.

Now, I have received a letter from ZZPS .

hope this make sense now,

Thanks again

Coupon-mad

Aha, so they didn't treat your first short email as an appeal.

I would email the BPA then and say that your first email (show them a copy) was certainly an appeal and intended as such but CEL didn't give you a POPLA code and have now reverted to debt collector letters, bypassing POPLA completely.

aos@britishparking.co.uk

Put the CEL PCN number in the subject line and simply word it as a complaint, as explained. No template! Remember not to say who was driving at any point.

Usain_Boat

Thanks for your reply,

Do I need to include all the points from POFA act 2012 and BPA code of practice which the CEL hasn't followed ? there are so many points I can include, for example , I wasn't the driver and they didn't request the driver's details. Assuming the CEL "Making use of Keeper Liability" and the BPA code of practice mention that if they making user of keeper liability they must meet strict requirement s and timetable set out in POFA act .

POFA act specified if making the keepers liability, the PCN must

"inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full".

"state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper"

The keeper become liable only if " it starts the 28-day time period after which the keeper may become liable to pay the unpaid parking charge"

They have failed to request the driver's details every time and didn't give me the chance to do this.

Thanks once again

Fruitcake

As advised by C-M, you need to complain to the BPA and DVLA that you didn't get a PoPLA code after your initial appeal, and that you are now getting debt collector threats.
You are thinking too far ahead. Complaint first and wait for the BPA to respond before you do anything else.

Usain_Boat

Hi ,
I've been told by BPA saying the CEL do not accept appeal via email so therefore my appeal is not valid as it didn't follow the process advised in the pcn.

The pcn does indicate that "representation can be made in writing only , by electronic mail or post within 28 days" . Their website also state that "appeal department does accept appeals via email".

Why BPA saying this ? there is no such information that they do not accept appeal via email.
Many thanks