No POPLA code received

nrw1971

Hi,

I put in an online appeal against an NTK from Britannia Parking on the 11th of June, on their own site, but have not had any response regarding it. However, yesterday I received a "Final Reminder" from Britannia.

Should I re-submit my appeal or simply wait it out until the 35 days required for them to reply are up?

Thanks.

Umkomaas

They do have 35 days to respond to an appeal, but they should halt enforcement action while an appeal is underway. Complain to the BPA and copy the complaint to the DVLA. If you create enough of a fuss about their non-compliance with their ATA's (BPA) Code of Practice, you might see this dropped.

I'd copy your complaint to Britannia making them fully aware that it has been sent to the BPA and the DVLA.

Complaints to the BPA and DVLA can be emailed to:

aos@britishparking.co.uk

or (if posting)

British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN

and DVLA:

FOI@dvla.gsi.gov.uk

david.dunford@dvla.gsi.gov.uk

Keep us posted on progress.

nrw1971

Is there a template on here for this or will a couple of lines outlining what has happened copied to all three e-mail addresses do?

Cheers.

Umkomaas

nrw1971 wrote: »

Is there a template on here for this or will a couple of lines outlining what has happened copied to all three e-mail addresses do?

Cheers.

No templates.

'A couple of lines' will not, in my opinion, carry sufficient weight to get this to be taken seriously. It needs to be very assertive and detailed to get the complaint pushed up the food chain to someone who is senior enough to rattle cages.

Coupon-mad

I would not bother. The final reminder is automatic. This is not a breach of the Code.

Wait till the 35 days is up then email Britannia and tell them you will report them if they don't send you a POPLA code.

nrw1971

Ok, I'll hang fire then. If I don't hear from them by the 16th July should I follow it up or wait and see if they try and push further?

Thanks.

Coupon-mad

I would follow up in case they pretend later that they did send a POPLA code.

nrw1971

Now well over the 35 day waiting period and still no POPLA code. Is there a specific template on here that I should use to follow this up?

waamo

There is no template. Complain to the e-mail addresses given above. Complain robustly that the code of practice has not been followed.

nrw1971

This is the e-mail I have composed to the BPA, is this OK or have I missed anything out (don't want this to come back and bite me)?:

Dear Sir / Madam,

I wish to make a formal complaint with regard to a Parking Charge Notice (No.: XXXXXXX) issued to me (the vehicle keeper) on the 8th June 2017.

I followed Britannia's online appeals process and submitted an appeal on Sunday 11th June 2017. I did not receive any acknowledgement of this appeal but did receive a Final Reminder dated 26th June 2017, and as of today Tuesday 25th July 2017 I have had no other communication from Britannia.

In light of the above information I believe that Britannia are in breach of the British Parking Association!Code of Practice 2012 - Version 6, October 2015, under sections 22.6 and 22.8.


22.6 states:

"When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the appeal."


22.8 states:

"You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist 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. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times."!

Due to Britannia failing to adhere to these conditions I believe that they are in breach of the Code of Practice and would appreciate your taking the appropriate action.

Yours faithfully,

nrw1971

If the e-mail above is OK should I then simply e-mail Britannia and tell them that I have made an official complaint regarding non-compliance to the BPA?

Cheers.