No POPLA code received

Ryandavis1959

Surely if they have not followed their code the DVLA should issue a ban on their access to the database? I would write to your trading standards to make them aware of how you have been misled.

Coupon-mad

This is the e-mail I have composed to the BPA, is this OK or have I missed anything out

It's fine...but if the PCN was a windscreen one don't say it was 'issued to me'.

And attach a copy of the NTK and a copy of your appeal and your proof you appealed, and proof that you have already complained and followed it up (because the BPA will tell you to).

nrw1971

Here is the e-mail I sent and the reply I got back from the BPA:

(Sent):
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 by Britannia Parking.

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 Wednesday 26th July 2017 I have had no other communication from Britannia and when trying to follow up with them their website states that I am now unable to appeal this PCN.

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.

I have attached the following documentation in support of this complaint:

• Original postal Notice To Keeper
• Final Demand postal Notice To Keeper
• Screenshots of my original appeal showing the date created
• Wording of my original appeal
• Dated screenshot showing my attempt to follow up on Britannia's failure to respond

Yours faithfully,

(Reply):
Dear Mr NRW1971

Thank you for your email.

The only way we can ascertain whether correspondence has been received, is when recorded delivery is used. This is because a signature is required, and this confirms receipt. It is also trackable via Royal Mail. However, we will approach the parking operator for their comments on this matter.

Thank you for your patience.

Upon receipt of a response, we will be in touch again.


Yours sincerely,

Joanna Barnes
Compliance Officer
AOS Investigation Team



I'll keep you all updated as and when. Any further hints or tips will be gratefully received in the meantime.

Cheers.

nrw1971

Update - Received this reply from BPA this afternoon:

Dear Mr NRW1971,

Thank you for your patience whilst this matter has been investigated further with the parking operator.

In conclusion, I am advised that the ticket has been investigated by the operator who advises that appeals that are submitted online will receive an email to the address provided on the online appeal form confirming acceptance and acknowledgement in accordance with the AOS Code Of Practice (CoP).

Based upon the information held on their system, they have been unable to locate receipt of the appeal. All charges, upon receipt of an appeal are placed on hold the moment the appeal is received through this automated system.

On the date concerned, 27 online appeals were received successfully, and so they believe the system was working correctly on the day. In light of this I cannot advise there to be a breach of a point raised in the AOS CoP.

As a gesture of good will however, the operator advises me that your appeal details as forwarded have now been uploaded to their system, and a response will be issued according to procedure.

This matter has been investigated in accordance with our internal process and procedure, and is now closed. Moving forward, should you require any further information regarding the status of your appeal please contact the parking operator directly.


Yours sincerely,

Joanna Barnes
Compliance Officer
AOS Investigation Team

What now? Do I wait for them to send me an appeals acknowledgement and POPLA code?

Redx

looks that way

nosferatu1001

Yes, as ever the BPA will do nothing.

nrw1971

Update:

Now over the 14 day waiting time for an appeal acknowledgement.

Should I wait the full 35 days before instigating contact again or should I get on to them now do you think?

Umkomaas

Wait 35 days!

Coupon-mad

The BPA email effectively acknowledges the appeal, of course. So wait 35 days for a POPLA code.

nrw1971

Coupon-mad wrote: »

The BPA email effectively acknowledges the appeal, of course. So wait 35 days for a POPLA code.

Shouldn't I have had an acknowledgement directly from Britannia though? After all, the BPA are a third party in this and even though their email shows that they (BPA) have passed information on to me stating that Britannia have inputted the appeal into their system I haven't had any direct contact from the company themselves (just seeing if I can muddy the waters any more in case Britannia try to go any further).

Plus, how will I know when the 35 days are up? I can only go on the date of BPA's email to me but his is not necessarily the start of the official timespan (mind you it does mean that if it does go further then I can show that I have exercised patience by waiting in excess of their minimum stated timescales!).