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Parking Eye PCN in RUH Bath

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  • greekcoffee
    greekcoffee Posts: 4 Newbie
    edited 13 April 2017 at 8:05PM
    I have writen a coplaint letter to BPA and this is their reply!!!

    [FONT=&quot]Thank you for your enquiry.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Unfortunately we do not have the authority as a membership association to request a parking operator to cancel a parking charge or recall it from debt recovery, as per the collection process.[/FONT] [FONT=&quot] We will investigate any complaints about alleged non-compliance with the BPA Code of Practice. However, we are not set up to deal with disputes from the general public about parking or control. Nor are we a regulatory body. Therefore, the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land. Any challenge or appeal is a matter for the landowners or operators procedure, with the option of taking it to POPLA, and or the courts. We will not get involved in the arbitration of a dispute between an operator and an individual.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA. It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012).[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]We note you advise you did not receive a copy of the appeal outcome. Unfortunately we are unable to ascertain whether mail (or an email) has or has not been sent or received by either party. As it is not currently a requirement of the Code that the operator sends mail using recorded delivery (or requests a delivery receipt for an email), we cannot advise there to be a breach of the Code.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Yours Sincerely, [/FONT]
    [FONT=&quot] [/FONT]
    (Text removed by MSE Forum Team)

    [FONT=&quot]AOS Investigations Team[/FONT]
    [FONT=&quot]British Parking Association [/FONT]
  • Umkomaas
    Umkomaas Posts: 43,413 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Template fob off - and their members have the audacity to complain about forum templates!

    https://forums.moneysavingexpert.com/discussion/comment/72387661#Comment_72387661
    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
  • Coupon-mad
    Coupon-mad Posts: 152,476 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 April 2017 at 8:06PM
    The BPA always send that trash. It's a template reply. Shame on the BPA and their shoddy membership motley crew.

    But as you only appealed on 16th March you are jumping the gun anyway because PE had 35 days to get your POPLA code to you, so that you can then win on 'no keeper liability'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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