Appealing parking ticket - BPA member asking for driver

steve_hmh

Fruitcake wrote: »

Yes that's the NTK, but as the keeper has already appealed, either they have lost the original appeal, are ignoring it, or pretending they never received it.
I'm assuming you never received a PoPLA code. If that is the case then you should complain to the BPA, the DVLA, and your MP that the keeper appealed but didn't receive a PoPLA code. Include a proof of your appeal with your complaint.
You should also complain that they have deliberately tried to mislead you by stating that only the driver can appeal.

Did the scammers really say "perusing" or is that a typo on your behalf?

I cut and pasted it; perusing is what they wrote instead of pursuing.

Looking back, Park Watch did acknowledge my appeal by email; I'm guessing one team there is doing the chasing (and attempted scams) while in the background another team is very slowly getting round to my appeal, and they don't talk to each other.

I've written to BPA to complain about them telling me the Keeper can't appeal for now.

Cheers, S

beamerguy

steve_hmh wrote: »

I cut and pasted it; perusing is what they wrote instead of pursuing.

Looking back, Park Watch did acknowledge my appeal by email; I'm guessing one team there is doing the chasing (and attempted scams) while in the background another team is very slowly getting round to my appeal, and they don't talk to each other.

I've written to BPA to complain about them telling me the Keeper can't appeal for now.

Cheers, S

I am sure you are right, being a scammer is easy but being
professional takes a lot more effort

Let us know what the BPA say

steve_hmh

BPA brushed off my complaint about their misleading 'keeper can't appeal' email.

Had a bit of to-ing and fro-ing thereafter; the Park Watch evidence wasn't initially viewable on the BPA website but I got the BPA to email me the pdf. Anyway just heard today that my appeal was successful, because Park Watch couldn't prove that the Notice to Driver was compliant with PoFA 2012 as they couldn't provide a copy - and neither I nor anyone else stated who the driver was. Thanks to you all for your help!

Here's the BPA decision:

Decision Successful
Assessor Name Matthew Yorke
Assessor summary of operator case
The operator’s case is that it issued a Parking Charge Notice because the driver was not parked wholly within a bay.

Assessor summary of your case
The appellant’s case is that the motorbike was parked next to the bicycle park, not on a hatched area. The appellant says that the motorbike was parked sensibly and was not obstructing anything or anyone. The appellant states that the operator have advised the Parking Charge Notice was issued as the motorbike was not parked within a bay.

Assessor supporting rational for decision
The operator’s case is that it issued a Parking Charge Notice because the driver was not parked wholly within a bay. The operator has provided photographic evidence of the driver’s vehicle, registration number, xxxxxxx parked at the site on 12 July 2017 at 16:47. After reviewing the evidence provided by both parties, I am not satisfied that the appellant has been identified as the driver of the vehicle in question at the time of the relevant parking event. The operator is therefore pursuing the appellant as the Registered Keeper of the vehicle in this instance. If a parking operator seeks to transfer liability to the registered keeper, it must ensure it does so in accordance with the requirements of the Protection of Freedoms Act (PoFA) 2012. Based on the evidence provided I am satisfied that the car park is warden controlled, and a Notice to Driver was issued to the vehicle as per the operator’s evidence of the appellant’s vehicle. The operator will therefore need to comply with section eight and nine of PoFA 2012. The operator has provided a copy of the Notice to Keeper that was sent to the registered keeper on 18 August 2017 that states a Parking Charge Notice was issued to the vehicle. While I acknowledge that the Notice to Keeper is compliant with PoFA 2012, the operator has failed to provide a copy of the Notice to Driver that was issued to the vehicle. I acknowledge the operator’s comment that as the Notice to Driver was issued to the vehicle, a copy cannot be obtained. However, without a copy of the Notice to Driver I cannot determine if it was compliant with PoFA 2012. Therefore, I cannot conclude if the Parking Charge Notice was issued correctly. Accordingly, I must allow this appeal.