PCN Admin Centre help :(

Loki01

Thank you, this is so stressful for me.

Coupon-mad

Hang on I am wring you a better email!! Dolly Peach's thread is like yours.

Wait a mo.

Coupon-mad

Same as here, this will be fun, seeing as the PCN Admin Centre were reminded on or before 4th September, that they can't do this:

http://forums.moneysavingexpert.com/showthread.php?p=72999307#post72999307

So send this to the BPA, and David Dunford at the DVLA (you've already been given their email addresses) and attach a copy of the NTK and forward their email:




Dear Mr Clark and Mr Dunford,

FORMAL COMPLAINT - PCN XXXXXXX - PCN Admin Centre (ZZPS) persistently refusing to consider in-time appeals from registered keepers

On 8th September, I received a Notice to Keeper/Hirer out of the blue, from PCN Admin Centre, dated from 5.9.2017.

A copy is attached to this email.

A windscreen notice was apparently issued on 31/7/2017 but I am not aware of it, and the driver has not been identified and will not be. The creditor is Leeds Teaching Hospital. There were no photogaphs with the letter, nor proof that any PCN was served at all back in July, nor pictures of the terms on signage. As registered keeper, I appealed about this charge in good faith, as soon as I got the NTK, confident that I had 28 days to appeal. PCN Admin Centre (ZZPS) have denied me a POPLA code - something that I am told is becoming something of a pattern with ZZPS.

Their reply was curt and harassing and flies in the face of recent 're-training' that I believe ZZPS staff have had as a result of another complaint just a fortnight ago:



''Good Morning,

Thank you for your recent email.

Please be advised that we have been instructed to pursue this outstanding parking charge notice on behalf of our client.

To confirm, our clients signage is fully approved by the British Parking Association (BPA).

Our client is relying on POFA 2012 to pursue this PCN and as no appeal was received within the time period stipulated, it is now too late to appeal further. A POPLA code will not be issued at this time.

Photographic evidence was requested and has been uploaded to ipaymypcn.net

We shall note your comments but to inform you without payment, the account will be left to progress accordingly.''


May I say, how dare they? I am extremely distressed by this matter and their conduct, and am supported by online forum help to write this complaint. The regular posters pointed out this thread where the PCN Admin Centre/ZZPS did the same thing to another poster:

http://forums.moneysavingexpert.com/showthread.php?p=72999307#post72999307

How many consumers must be receiving this horrendously wrong response and probably paying, not realising that they certainly do have a right to appeal as keeper? I cannot believe this has only happened to two people who happen to have sought online advice from a forum. This is reportedly indicative of what ZZPS appear to consider to be normal conduct; indeed it is alleged by sources close to the recent notorious Indigo case (subject to an appeal currently) that ZZPS had withheld POPLA codes from some of the appellants in the Nurses' case in Wales. This is indefensible and wholly unacceptable , and yet here we are again.

What are the BPA and DVLA going to do about ZZPS actively ignoring your clear instructions after the investigation into that previous MSE forum case?
This was the BPA response from Steve Clark, via Emma-Louise:


"Thank you for your patience whilst this matter was investigated.

I have received a response from ZZPS who advised that they identified the error on their end and the appeal was considered and formally rejected on 23/08/2017. They advised that a POPLA code was provided to you within the rejection.

ZZPS have addressed the error with the agent concerned to ensure that they understand the Registered Keeper has 28 days from the Notice to Keeper in which to appeal. To ensure there is no confusion, the entire team within ZZPS have been reminded of the correct process and procedure.

I hope that the above information is of assistance to you.

Since the investigation has been concluded, I shall now proceed to close the case."


I contend that ZZPS have failed to ''ensure that the entire team within ZZPS have been reminded of the correct process and procedure''. Since they deal with over a million cases at any given time (that figure is correct from ZZPS themselves, from a source in the public domain) it is believed likely that their staff/computers are auto-rejecting appeals. It seems likely that little or no details or facts, or BPA Code of Practice rules, are being checked, in pursuit of a robo-debt collector model. Clearly, the writer of that email has not been re-trained.

Is this the level that BPA AOS members are stooping to, prior to the new Bill going through Parliament next year?

My MP will be hearing about this matter and I look forward to your considered reply, within 14 days please. I would like to be assured that the 'charge' has been cancelled, that ZZPS are required to apologise, and that they will now receive sanction points for the significant breach of ignoring clear BPA instructions and persisting with the same Code of Practice breach.

If the recipient of this email at the BPA wrongly believes that an AOS member has 'discretion' to ignore an appeal from a registered keeper after a NTK, please do not handle my complaint and instead, I ask that you pass it to Mr Clark personally, please.

kind regards,

Loki01

So I have received these two emails from them today:

We refer your email of 11 September 2017, which we are treating as a formal section 10 Notice (“the Notice”) under the Data Protection Act (“the Act”).

Please accept this response as our formal acknowledgment and response to the Notice.

You have provided no justification for the Notice. The processing of your data is warranted.


In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly, we are permitted to continue to process your data at this stage.


If this is not clear, we suggest you seek legal advice.


AND this one:



Good morning,

Thank you for your email which has been noted accordingly.


Please be advised, the photographic evidence is available for you to view on www.ipaymypcn.net with your VRM and PCN number.


A POPLA code may be issued if an appeal is made by the driver within the first 28 days of the Notice being issued, as no appeal was made within this time frame, the correct procedure has been followed.


If you were not the driver you are still within the time frame to transfer liability to them.


If the liability is not transferred and no payment is made, the account will be left to progress accordingly.


Kind regards,
Leo Feather






I have forwarded the reply to DVLA again with the nice letter drafted by Coupon Mad. What does that first email mean? Can someone help me with a response to them?

Umkomaas

What does that first email mean? Can someone help me with a response to them?

Have you read the parts of the legislation they are quoting back to you? How does that impact your case?

Loki01

I dont know where the legislation even is. What legislation are they actually quoting? POFA? If so, I thought the whole parking is quoted under section 4. Could you just help me with this one? I am not that great at reading law lingo.

Umkomaas

I am not that great at reading law lingo.

Nor am I - I'm not a lawyer - but I plough through it enough times so that I do get an understanding.

What legislation are they actually quoting?

The same one you quoted at them, which has sparked their response. The Data Protection Act.

I dont know where the legislation even is.

Is Google not working for you?

Loki01

I cant find section 2 under parking hence I do not know what to read. I have googled, thank you very much but I cannot find anything like this.

This is really not helping.

Umkomaas

I cant find section 2 under parking

They're not quoting 'Section 2', they're quoting 'Schedule 2'. The DPA isn't about parking, it's about handling of personal data. You're not likely to find 'parking' mentioned anywhere in the Act.

I did one single entry Google search 'The Data Protection Act' and it produced this. Scroll to near the foot of the page and you'll see a link to Schedule 2.

https://www.legislation.gov.uk/ukpga/1998/29/contents

Loki01

Do you think you could do me a massive favour and copy in the bits they are quoting?
I seriously don't know where schedule 2 is