Parking Eye PCN, appealed, confused

LoveNorfolk

OK, so just put this together, be grateful for anyone to have a read and give me pointers on how this looks for a complaint to the DVLA. Cheers.

[FONT=Arial, sans-serif]Dear Sir or Madam,[/FONT]

[FONT=Arial, sans-serif]I write to complain about a parking operator ParkingEye and the body the regulates them the British Parking Association (BPA) of whom they are a member.[/FONT]


[FONT=Arial, sans-serif]I am registered keeper of vehicle XXXXXXX. I received a PCN by way of a notice to keeper ref:XXXXXXXX dated XXXXX for an alleged contravention on XXXXX. I appealed online via ParkingEye's appeal form on XXXXX of which a screen shot of the receipt was taken.[/FONT]


[FONT=Arial, sans-serif]No reply to this appeal was forthcoming from ParkingEye, but they did elect to send me a letter dated XXXXX asking me to name the driver, but as there is no legal requirement to do such a thing and they do not have proof themselves, this letter was not replied to (a copy is attached). They then proceeded to send me another letter dated XXXXX (received XXXXX), stating that the balance was still outstanding and if not paid by XXXXX would increase to £100 from £60.[/FONT]


[FONT=Arial, sans-serif]There was still no reply from ParkingEye on decision of the appeal so on XXXXX I resubmitted the original appeal in order to make sure this wasn't overlooked as I could see no reason for no reply.[/FONT]


[FONT=Arial, sans-serif]With still no outcome on the appeal and a view that ParkingEye had breached many points of the BPA's Code of Practice, I complained via email to Joanna Barnes at the BPA outlining my concerns on XXXXXX. Over many emails, copies of which are attached, she has denied any wrong doing by the member ParkingEye and with them being a paid member of this association, I am finding it highly likely this encourages the BPA to side with members not consumers such as myself. [/FONT]


[FONT=Arial, sans-serif]Joanna has said in her email dated XXXXX that ParkingEye had rejected the appeal, this was the first I had heard about the appeal, yet still to this date I have had no formal acknowledgement of any decision upon the appeal and from the alleged rejection as stated by Joanna, no PoPLA code. On this date XXXX there are now 8 of the 28 days left that PoPLA require you to submit your appeal in if Joanna's statement that the appeal was rejected is correct and the appeal decision is not dated earlier than that. I believe that the BPA and ParkingEye are making a deliberate attempt to prevent me from being able to appeal via PoPLA by withholding this code.[/FONT]


[FONT=Arial, sans-serif]There are certain requirements that were placed on BPA operators such as ParkingEye, by the BPA itself which I am led to believe were instigated by yourselves the DVLA:[/FONT]


“[FONT=Arial, sans-serif]The following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied.”[/FONT]


[FONT=Arial, sans-serif]From what I have so far experienced from ParkingEye and from the BPA is nothing short of ridiculous and they are clearly abusing the details you have allowed them to purchase from you, and the BPA is turning a blind eye to the requirements they placed on their operator, which is blocking the motorist's ability to deal with this expeditiously. [/FONT]


[FONT=Arial, sans-serif]As such, I invite you to investigate the BPA and attain why they find it acceptable to allow their members to continue unregulated and with disregard for the consumers they are there to protect.[/FONT]


[FONT=Arial, sans-serif]Yours faithfully,[/FONT]

LoveNorfolk

Any thoughts anyone then if I can email I'll get it off tonight. Can I just forward them emails between me and Joanna and then write this to the DVLA and cc in Joanna?

Coupon-mad

Looks good - and yes you can just forward stuff to the DVLA but, on a practical note, be aware that some email providers do not then enable you to change the subject line to something more appropriate. If not, copy the entire email into a new one where you can create the subject line to suit (always include the PCN number).

LoveNorfolk

I had to copy and paste as like you said CM, it wouldn't let me change to subject, it's all primed and ready to go, but I can't find an email address for the DVLA, it wants you to contact them by an online form. I'm searching the forum now as I'm sure I've seen it, but wondered if anyone knew it? Thanks!

Umkomaas

LoveNorfolk wrote: »

I had to copy and paste as like you said CM, it wouldn't let me change to subject, it's all primed and ready to go, but I can't find an email address for the DVLA, it wants you to contact them by an online form. I'm searching the forum now as I'm sure I've seen it, but wondered if anyone knew it? Thanks!

FOI@dvla.gsi.gov.uk

Try that.

LoveNorfolk

Thanks Umkomaas! I am still struggling to find it anywhere!

LoveNorfolk

Sent! Thanks, will wait and see what come from this.

Kitkat92

Hi! Iv recently recieved a fine from Parking Eye, due to not purchasing a ticket because the machine was not in use. Do I ignore this? I act on it? Cheers!

Coupon-mad

Kitkat92 wrote: »

Hi! Iv recently recieved a fine from Parking Eye, due to not purchasing a ticket because the machine was not in use. Do I ignore this? I act on it? Cheers!

DO NOT IGNORE IT.

Go to page one of this board and read the sticky threads. This is LoveNorfolk's thread, not general discussion help.

LoveNorfolk

HUZZAH!!!! :bdaycake::kisses::dance:

"Thank you for your email and your patience.
We are sorry to note your dissatisfaction regarding this matter.

We contacted Parking Eye, who have since responded to advise that due to an administrative error the incorrect document was issued to you. As such, they have advised that they have now taken corrective action and have cancelled the parking charge notice. They advise that they will contact you separately to provide confirmation of this."


Many thanks to all involved who gave advice!

Joanna Barnes also has replied to my email in complaint to the DVLA, no reply from the DVLA yet though.

"Thank you for your email.
Please find attached a response issued to your email dated Saturday 1 October.
The BPA is a membership association, and not a regulator for private parking companies. We have no legal authority over members. We can however investigate any evidence of non-compliance with a point raised in the AOS Code and bring about rectification.
We would expect a parking operator, to issue a response to a motorist’s appeal within a certain timeframe. Once the appeals process has ended, then we would expect the parking operator to provide an appeal outcome, and a POPLA code (if the event occurred in England or Wales).
In this instance, Parking Eye initially advised that they had issued an appeal outcome, the details of which has been relayed. However, they have since confirmed that due to an administrative error, this has not been sent correctly. To rectify the matter, they have confirmed they are cancelling the charge, and will send separate confirmation of this. This is viewed as appropriate rectification of the matter.
As a membership association and not a regulator, it is not within our remit to monitor the internal business practices employed by a parking operator and therefore are unable to address the issue of errors regarding internal administration. As such, if there are any further queries on this matter, we would ask that you redirect this to Parking Eye so that they may have the opportunity to address your concerns."