Ukps & tnc. Help please!

Rose82

I am a community nurse and our office is based at a GP surgery. I parked in the patients area because there was no space whatsoever in the staff car park (cars already double parked) and I quite urgently needed to discuss something with a doctor as well as prepare for my general duties. When I returned to my car I had been issued with a parking charge notice for parking in a patient area whilst displaying a staff permit. Before doing any research on the matter or receiving a 'notice to keeper' I appealed the parking charge and this appeal was rejected. Unfortunately in my appeal I have acknowledged that I was the driver.
Following advice from other colleagues to ignore all correspondence I didn't respond to the appeal rejection. Since then, I have received letters from TNC parking services, a debt collector. The most recent letter being 'Notice of intention to advise client to issue summons'.
I have spent hours looking through other threads including the main advice outlined in the 'newbie' thread and I'm worried that I should have appealed to POPLA - but of course now I have missed the deadline.
Should I still appeal to POPLA? And if so is anyone able to help me with a letter template as the appeal points seem very confusing and I'm not sure which ones would apply/how to word my argument.
I understand that TNC have no power to do anything but I want to try and put it all to a stop in case UKPS decide to take further action.
Thanks in advance.

fisherjim

"I am a community nurse and our office is based at a GP surgery"

What happened when you complained to the employers of these scammers i.e. the surgery?

pappa_golf

why did you not get the surgery to ring them up and get it cancelled , DO NOT listen to the receptionist "there,s nothing we can do" , speak to the MANAGER , and remind him that he probably needs you more than you need him

Rose82

I was told it wouldn't be worth going to the practice manager as he was unlikely to take any action but I suppose it is still worth a try. Do I appeal to POPLA in the mean time?

fisherjim

Rose82 wrote: »

I was told it wouldn't be worth going to the practice manager as he was unlikely to take any action but I suppose it is still worth a try. Do I appeal to POPLA in the mean time?

Were these the same people that told you to ignore also?

You need to get assertive with this, the theory should be that parking management is to ensure parking for bona fide vehicles not to penalise them.
The problem is it's all about PPC's making money, but as the surgery contract the (supposed) parking management out, they should get this cancelled.

Fruitcake

Whoever told you to ignore should be offering to pay this charge if you don't get it cancelled.
A landowner cancellation is always the best option, so you should be badgering the practice manager as well as refusing to visit that site again until this is sorted out.
Get your Union rep' involved as well.

You should always appeal to PoPLA if the parking company is a BPA member. Please confirm the name of the company as there are many with similar initials.

Read the POPLA Decisions sticky thread and pick out the bits that are relevant to your case. These should include at least, not the landowner, no standing to issue charges in their own name, inadequate signage, and anything else you can find that is relevant.
Start around post 2341 of that thread to find template appeal points you can use.

Post your draft here for the regulars to check before you submit it, but don't give up in the landowner cancellation. Make a proper nuisance of yourself. Go and sit in their office and stay there until it's fixed. Be bolshy. The parking company should be making sure the staff have somewhere to park, in other words, they are employed to manage the site, not scam genuine users.

If you have missed the PoPLA deadline, then add this: -

The UK Government has stated that Alternative Dispute Resolution (appeals) should be made available for not less than one year.

UK Gov regs are here.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/288199/bis-14-575-implementing-alternative-dispute-resolution-directive-and-online-dispute-resolution-regulation-consultation.pdf

The relevant bit is section 64.

Procedural rules for refusing disputes 64.

Article 5(4) of the ADR Directive has a list of procedural rules which Member States can choose to permit certified ADR providers to apply. These procedural rules would allow certified ADR providers to refuse to deal with inappropriate disputes. The grounds for refusing to deal with disputes which can be applied are as follows:
- the consumer has made no attempt, in the first instance, to resolve the complaint directly with the business;
- the complaint is frivolous or vexatious;
- the dispute is being or has been considered by another certified ADR provider or a court;
- the value of the claim falls below or above a pre-specified limit (any monetary thresholds must not significantly impair access to ADR);
- the complaint is not submitted within a pre-specified time limit (which cannot be set at less than a year from when the complaint was first submitted to the business); and
- dealing with that type of dispute “would otherwise seriously impair the effective operation of the ADR entity”.

Since you have met all the requirements they must abide by the will of parliament and allow you to appeal, not some made up rules of their own.