IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Parking Eye PCN, appealed, confused

Options
1246789

Comments

  • Umkomaas wrote: »
    Why are you still banging on about the grace period to the BPA. I advised previously not waste your breath on going down this road with the BPA - it's one for POPLA. What do you want from the BPA by including this in your complaint?

    Or is it me wasting my breath?

    Sorry, my mistake, so I am just basically complaining about the non response to the appeal? You're not wasting your breath, honestly, got back from work and trying to work on it whilst husband is bloody moaning about me doing it. :mad:

    So if I remove all about grace periods, other than that looks okay? Thank you
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I was hoping that by including the 2 breaches of the BPA CoP it adds weight to the complaint and maybe the OP would get a response about clause #13 breaches that we can see

    but the 35 day initial failure is what is prompting this complaint , plus the OP has appealed twice with no response , no popla code

    given that this OP has ongoing issues with non-BPA members and the SRA etc I wanted to see if this would be dropped once moany person at the BPA aos dept gets a hold of this , she isnt receptive to complaints so I did not want this OP to get it fired back at her so wanted more meat in it

    maybe the BPA will ignore the breaches, we shall see, but maybe PE will drop it when they see there are 2 CoP breaches that will be brought up in a popla appeal , never mind the rest

    ie:- if you are sticking it to them via the BPA , make it count

    thats my take on it anyway

    so I would go in with the above complaint with all guns blazing, see what reaction he or she gets
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Go with Redx advice above.

    The contents of your draft looks OK - but to me it's over complicated by regurgitating all the Code of Practice contents. You could simplify this by condensing/paraphrasing it like:
    As your Code of Practice, Clause 22.8 states “You must acknowledge or reply to the appeal within 14 days of receiving it.......... and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist."

    (Leave out the rest of what you've copied from the Code of Practice - the above is the critical point, the BPA will know the rest).

    Try to do this with every long quote you've made from the CoP.

    Just one word that may benefit from a change I've suggested below.
    I request you contact your member to resolve this issue and make clear why they find it [STRIKE]suitable[/STRIKE] justifiable to ignore your code of practice when I am abiding by their appeal process, and to either cancel the parking charge notice or provide me with a POPLA code as required on both occasions an appeal has been submitted.
    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 Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 September 2016 at 8:10PM
    wot he said ^^^^^^^^^^^^^^^^ lol

    good luck

    ps:- frankly , I am getting sick and tired of these idiot parking companies trying to charge £60 to £100 for a few minutes "overstay" , in this case 16 minutes seems reasonable to me and well within clause #13

    fair enough if the miscreant was 30 minutes over (barring blockages like accidents or roadworks etc) but if they allow say 10 minutes to read the signs and comply or leave , plus OVER 10 minutes to leave , as grace periods , then they should adjust the system to say 25 minutes or 35 minutes over , like a speed camera may be set to 37 mph in a 30 mph zone , to allow for errors or give some grace

    this is the real world , so to me an overstay should only be ticketed when its about somebody taking the michael , not genuine shoppers paying retailers money , not somebody who has to put her reading glasses on and is a minute or two over the ppc/bpa self imposed 10 minute rule

    even the BPA were supposed to change it to 11 or more minutes to leave or something like that in their meetings and minutes

    so if somebody decides not to pay and to leave, to me they have done everything possible to not accept the contract and have declined it

    summat like that anyway
  • Hugely appreciated, will do as said above and get it sent off tonight/tomorrow. I thank you for your continued help, it really is kind of you. It makes me smile that there are so many of us fighting with this forums help!
  • Don't hit me, but from what I can gather you guys now, you would rather I actually leave the grace period bit in to give it all I can muster from the off? lol
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    None of us has the perfect answer for any situation hundreds of posters throw at us day after day.

    Redx and I almost always agree on tactics to deploy against the PPC network. We divert slightly here, but neither of us is going to fall out over it - as I said, go with Redx's advice. That isn't me 'throwing a strop', it's just that trying it Redx's way won't do you any harm, and might work.

    But both of us will agree that neither of us can sprinkle fairy dust on problems and provide instant solutions to the daily myriad of often 'out of left field' questions from posters demanding 'hey presto' answers.
    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 Street
  • Umkomaas wrote: »
    None of us has the perfect answer for any situation hundreds of posters throw at us day after day.

    Redx and I almost always agree on tactics to deploy against the PPC network. We divert slightly here, but neither of us is going to fall out over it - as I said, go with Redx's advice. That isn't me 'throwing a strop', it's just that trying it Redx's way won't do you any harm, and might work.

    But both of us will agree that neither of us can sprinkle fairy dust on problems and provide instant solutions to the daily myriad of often 'out of left field' questions from posters demanding 'hey presto' answers.

    That's fine, lol, I don't really know how you all cope with the hundreds of threads! I'm not expecting it to magically go away, but if it does no harm leaving it in, whether it helps or not, then it might as well stop in. It can all be repeated again at POPLA, but Parking Eye as least know what I have so far to use against them. Thank you again :o
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes , but they dont have the rest of your popla appeal points , although they can guess they will be

    no locus standii (no contract)
    poor signage that fails the BPA Cop
    permission for advertising signs otherwise its a criminal offence
    planning permission for cameras and signs
    anpr data collection issues and verification
    any POFA2012 issues
    NTK issues or flaws

    plus what you said earlier , lol


    I just think that as the current aos @ BPA hates getting complaints and is hostile and condescending to those complaining that she gets all the complaints at once with copies of the paperwork and any proof of receipt etc

    in most cases I agree with umkomaas that it wont wash for the most part

    but as you are forging ahead with the CSA and SRA and BW LEGAL etc then I would hope they will see sense over a paltry 16 minutes "overstay"

    if not , its more grist for the mill at popla and even court if it came to it (which I doubt)

    good luck
  • LoveNorfolk
    LoveNorfolk Posts: 193 Forumite
    edited 5 September 2016 at 6:32PM
    Redx wrote: »
    yes , but they dont have the rest of your popla appeal points , although they can guess they will be

    no locus standii (no contract)
    poor signage that fails the BPA Cop
    permission for advertising signs otherwise its a criminal offence
    planning permission for cameras and signs
    anpr data collection issues and verification
    any POFA2012 issues
    NTK issues or flaws

    plus what you said earlier , lol


    I just think that as the current aos @ BPA hates getting complaints and is hostile and condescending to those complaining that she gets all the complaints at once with copies of the paperwork and any proof of receipt etc

    in most cases I agree with umkomaas that it wont wash for the most part

    but as you are forging ahead with the CSA and SRA and BW LEGAL etc then I would hope they will see sense over a paltry 16 minutes "overstay"

    if not , its more grist for the mill at popla and even court if it came to it (which I doubt)

    good luck

    PE didn't have permission for cameras, but now do, which sadly if I'm right was before this happened as there was a big hoohaa about it.

    Ah but the CSA, CRA and BW Legal are to do with Excel and not this one with Parking Eye, so are not linked, so they won't have any effect on it.

    After the email if it goes further I will involving my parents more so they can hopefully get some gist of it as if it did go to court I can't do it for them!

    I wonder if being able to see another car and its VRM in one photo is allowed? DPA of other car? Just a thought.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.3K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.