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Advice following response
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smckay
Posts: 281 Forumite
Hello,
I have read the various stickies, and I am confident how I should respond; however, I would like to confirm with those in the know.
I received this response after sending the BPA template;
[FONT="]We are in receipt of your correspondence and note its content. [/FONT]
[FONT="] [/FONT]
[FONT="]Under Protection of Freedoms Act 2012 (POFA) and in line with your correspondence we would ask the following question.[/FONT]
[FONT="] [/FONT]
[FONT="]“Are you prepared to name the driver responsible for breaching the terms and conditions as stated in the PCN”[/FONT]
[FONT="] [/FONT]
[FONT="]If you have no intention of naming the driver then under POFA you will become liable for the cost of the PCN and we will accept an appeal from you. If you name the driver then we will re-issue the PCN to the named driver and will accept an appeal from the named driver.[/FONT]
[FONT="] [/FONT]
[FONT="]Please note until the above is clarified we are unable to follow the BPA Code of Practice appeals process in answering the other points raised in your correspondence.[/FONT]
[FONT="]
[/FONT]
[FONT="]Am I OK to respond and confirm that I wont name the driver and just reiterate that I am the registered keeper of the vehicle?[/FONT]
[FONT="]
[/FONT]
[FONT="]Thanks for your help
[/FONT]
I have read the various stickies, and I am confident how I should respond; however, I would like to confirm with those in the know.
I received this response after sending the BPA template;
[FONT="]We are in receipt of your correspondence and note its content. [/FONT]
[FONT="] [/FONT]
[FONT="]Under Protection of Freedoms Act 2012 (POFA) and in line with your correspondence we would ask the following question.[/FONT]
[FONT="] [/FONT]
[FONT="]“Are you prepared to name the driver responsible for breaching the terms and conditions as stated in the PCN”[/FONT]
[FONT="] [/FONT]
[FONT="]If you have no intention of naming the driver then under POFA you will become liable for the cost of the PCN and we will accept an appeal from you. If you name the driver then we will re-issue the PCN to the named driver and will accept an appeal from the named driver.[/FONT]
[FONT="] [/FONT]
[FONT="]Please note until the above is clarified we are unable to follow the BPA Code of Practice appeals process in answering the other points raised in your correspondence.[/FONT]
[FONT="]
[/FONT]
[FONT="]Am I OK to respond and confirm that I wont name the driver and just reiterate that I am the registered keeper of the vehicle?[/FONT]
[FONT="]
[/FONT]
[FONT="]Thanks for your help
[/FONT]
0
Comments
-
Hello,
I have read the various stickies, and I am confident how I should respond; however, I would like to confirm with those in the know.
I received this response after sending the BPA template;
[FONT="]We are in receipt of your correspondence and note its content. [/FONT]
[FONT="] [/FONT]
[FONT="]Under Protection of Freedoms Act 2012 (POFA) and in line with your correspondence we would ask the following question.[/FONT]
[FONT="] [/FONT]
[FONT="]“Are you prepared to name the driver responsible for breaching the terms and conditions as stated in the PCN”[/FONT]
[FONT="] [/FONT]
[FONT="]If you have no intention of naming the driver then under POFA you will become liable for the cost of the PCN and we will accept an appeal from you. If you name the driver then we will re-issue the PCN to the named driver and will accept an appeal from the named driver.[/FONT]
[FONT="] [/FONT]
[FONT="]Please note until the above is clarified we are unable to follow the BPA Code of Practice appeals process in answering the other points raised in your correspondence.[/FONT]
[FONT="]
[/FONT]
[FONT="]Am I OK to respond and confirm that I wont name the driver and just reiterate that I am the registered keeper of the vehicle?[/FONT]
[FONT="]
[/FONT]
[FONT="]Thanks for your help
[/FONT]
OMG .... what idiot company said this to you ?0 -
A few questions first.
1. Which parking company?
2. Just looking at your user name - are you, or was this parking event in Scotland?
3. Timeline of events.
4. Type of car park - railway, airport, retail park, hotel, supermarket ....?
5. Free car park or P&D?
You are under no obligation to name the driver, in fact, dependent on which PPC, it might be sensible to enter no further correspondence with them - but do let us have the answers to the above Qs please.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Hello,
I have read the various stickies, and I am confident how I should respond; however, I would like to confirm with those in the know.
I received this response after sending the BPA template;
[FONT="]We are in receipt of your correspondence and note its content. [/FONT]
[FONT="] [/FONT]
[FONT="]Under Protection of Freedoms Act 2012 (POFA) and in line with your correspondence we would ask the following question.[/FONT]
[FONT="] [/FONT]
[FONT="]“Are you prepared to name the driver responsible for breaching the terms and conditions as stated in the PCN”[/FONT]
[FONT="] [/FONT]
[FONT="]If you have no intention of naming the driver then under POFA you will become liable for the cost of the PCN and we will accept an appeal from you. If you name the driver then we will re-issue the PCN to the named driver and will accept an appeal from the named driver.[/FONT]
[FONT="] [/FONT]
[FONT="]Please note until the above is clarified we are unable to follow the BPA Code of Practice appeals process in answering the other points raised in your correspondence.[/FONT]
[FONT="]
[/FONT]
[FONT="]Am I OK to respond and confirm that I wont name the driver and just reiterate that I am the registered keeper of the vehicle?[/FONT]
[FONT="]
[/FONT]
[FONT="]Thanks for your help
[/FONT]
No, you ignore it and complain to the BPA and DVLA that they have stated they are refusing to follow the BPA CoP.
What is the name of the parking company?I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Thank you all.
SR Security Services Ltd are the company
It took place in England, APNR parking at a retail park that allow 2 hours free, the driver left after 2 hours 15 mins. I sent details as to why, with receipts from some of the shops at the park to the land owner; they referred me back to SR Security.
I have since written back to the land owner asking that they dismiss the charge, but I am yet to hear back. I sent the BPA template to SR Security and have had a few emails since similar to the above but ignored these.0 -
Thank you all.
SR Security Services Ltd are the company
It took place in England, APNR parking at a retail park that allow 2 hours free, the driver left after 2 hours 15 mins. I sent details as to why, with receptis from some of the shops at the park to the land owner; they referred me back to SR Security.
I have since written back to the land owner asking that they dismiss the charge, but I am yet to hear back. I sent the BPA template to SR Security and have had a few emails since similar to the above but ignored these.
Right, they have lied to you regarding the BPA and you should report them to the BPA >>>> info@britishparking.co.uk
A copy to the DVLA would not go amiss either >>> david.dunford@dvla.gsi.gov.uk
In the the meantime ignore them, as a BPA member they must provide you with a code to appeal to POPLA so wait for that and then return here for further advice.
Contact the retailers with your receipts telling them that if they want further business from you they must cancel the ticket.0 -
A bit of light reading for you smckay:
https://bmpa.zendesk.com/hc/en-us/articles/203755631-SR-Security-Services-Ltd
http://www.bmpa.eu/companydata/SR_Security_Services.html
Bit part player, never been near a courtroom. Once you get your PPC rejection, take it through to POPLA for a likely easy win, provided you use examples from the forum as the base for your POPLA appeal and let us see your draft before submission.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
A bit of light reading for you smckay:
https://bmpa.zendesk.com/hc/en-us/articles/203755631-SR-Security-Services-Ltd
http://www.bmpa.eu/companydata/SR_Security_Services.html
Good to know we share bedtime reading at least...0 -
clearly those fools at SR havent a clue
they have failed to issue a cancellation or a popla code and strung you along
they have failed the BPA CoP they signed up to on clause #13 grace periods for a start
assume 10 minutes to park up and read the signs and comply , plus 11 minutes or more to depart - equals 2 hours 21 minutes , so they jumped the gun
one of your popla appeal points will be clause #13 , but not the only one0
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