PCN Admin Centre help :(

Coupon-mad

Coupon-mad wrote: »

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:

https://forums.moneysavingexpert.com/discussion/comment/72999307#Comment_72999307

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,

So after that complaint, the BPA think it's OK because ZZPS ''made a mistake'' (again). Like in Dolly Peach's case, denying a POPLA code to a keeper appellant and pretending the only appeal window is 28 days from the windscreen PCN.

Maybe they do this ALL THE TIME?

You DEFINITELY need to raise this utter 'old boys network' scam with your MP.

The BPA should be very ashamed.

The pride of Haywards Heath...imagine WORKING for the BPA or IPC, supporting this rip off industry for a living?

Loki01

I will raise this with my MP.
I will send her a letter. You are right, it is ridiculous.

Ralph-y

to read before you send the letter ..... and include asking for support ....

this is a copy of a post by Bargepole ....

"Some action at last:

http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.

The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.



good luck and well done

Ralph:cool:

Loadsofchildren123

You really need to kick up a fuss with BPA. Write back to them detailing their own Code and the breaches of it and ask them to answer the question you asked about what they are doing to sanction the PPC for its persistent breaches of the compulsory code of practice.

Para 22.2 of the Code has clearly been breached:
You should tell motorists at what stage an independent appeal to POPLA becomes available.


Also para 22.12:
If you reject an appeal you must
- tell the motorist how to make an appeal to POPLA
and see also 22.12.1

Para 2.5 (I've added the bold - it says sanctions will be applied, not may be:
The Code explains in principle what we require from you and the sanctions you will incur if you do not meet these requirements. We also provide a consumer’s guide to the AOS to give the consumer a summary of the AOS service and principles.


Para 4.1:
Any organisation or person applying for BPA or AOS membership must
- sign a declaration agreeing to keep to the Code and its principles
- agree to keep appropriate records to show full and effective compliance with the Code requirements and to allow a full review of these records by the BPA if we make a reasonable request
Say that you assume the declaration has been signed. The PPC cannot possibly be keeping proper records to show compliance, because this is the second time this very serious breach of the Code has been recorded, yet nothing has been done about it.

Para 4.2:
To stay a member of the BPA you must keep to the conditions of the Code. If you do not keep to the conditions of the Code we may take disciplinary action against you.
What disciplinary action have they taken, given that the "retraining" ordered after the last identical breach has obviously been ineffective?

Para 6.1:
You must confirm to us that you have systems and procedures in place to make sure that substantial compliance with the Code is embedded within the culture of your organisation.
Has the BPA satisfied itself that such systems and procedures are in place? If they are, why is this persistent breach of the code continuing?

Para 6.3:
We will audit you at least once a year. The audit will be done by our compliance team or our appointed auditors to check that you are keeping to the terms of the Code. If we find any non-compliance issues you must put them right within an agreed time. We will also record any complaints we receive about our members.
What did the last audit reveal about keepers being refused POPLA codes?

Para 6.5:
Non-compliance with the Code will be dealt with and monitored through a scheme of sanctions. We will issue sanction points depending on the severity of the non-compliance. If you reach twelve points on your ‘membership licence’ in any twelve month period, we may refer you to the BPA Council for disciplinary action. The referral may result in your membership with the AOS and the BPA being suspended or terminated.
What sanctions are going to be given to the PPC given its persistent breaches and its failure to address them?

Para 6.6:
If we find there has been a failure to comply with the Code, either during a complaint investigation or a compliance audit, you must make appropriate changes to your business operation to bring it into compliance. We will write to you asking for the changes to be made. This will be a formal request and we will give you a timescale for you to make the changes and send us evidence that you have done this. Depending on the nature and severity of the alleged Code breach, we may issue suspended Sanction Points and/or a formal letter of censure.
Has the BPA requested such changes to address the issue of keepers being wrongly refused a POPLA appeal? Has the BPA satisfied itself that any changes have been made? Has the PPC probided evidence of the changes? Has a formal letter of censure been issued or have sanction points been imposed?

Para 6.7:
If you do not make the changes by the date given in the formal written request we will issue an appropriate sanction against your membership licence. If your licence reaches 12 points, we may suspend your membership of the AOS, and of the BPA.
Any requested changes have clearly not been made. What sanctions are going to be issued?

Para 6.8:
If you do not comply with the Code you may be suspended or expelled immediately from the BPA. We would then start the disciplinary procedures set out in the BPA Code of Professional Conduct. This may happen when, in the opinion of the BPA Council, your failure to comply with the Code brings the BPA and its membership into disrepute.
What steps is BPA going to take in light of the persistent failure by the PPC to comply with the Code?


http://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf

Coupon-mad

Loki01, write a complaint to the BPA and copy it to David Dunford at the BPA, using LOC123's words and her exact blow-by-blow questions above. LOC123 has nailed the issues.

Then, also send your MP the email complaint thread including the one you will be sending now, and ask the MP to support your line of questions to an (allegedly institutionally-biased in favour of parking firms) Trade Body who are showing themselves to be as useful and robust as a chocolate teapot.

It is inexcusable that this second breach exposed on this forum, so soon after ZZPS were 'reminded' and they apparently paid lip-service to saying that all staff were being 'retrained' about keepers being allowed to appeal and be given a POPLA code.

We KNOW this happened in Dolly Peach's case and we know that retraining was promised. Well, that retraining has failed.

This cannot be swept under the carpet. Send LOC's email questions to the BPA and DVLA, and then print it all out or forward it all to your MP to show her the situation (all emails).