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NCP PCN Appeal Response

Hi All,
I received a PCN from NCP recently regarding parking in a bay incorrectly eventhougb there were no marked bays in the area...

So I have appealed against the decision and have had a reply from NCP today saying..

"Thank you for your correspondence regarding the above Parking Charge Notice (PCN).

Unfortunately we are unable to progress your appeal further at present, as you are a third party making the appeal on behalf of the driver.

Like many other business sectors, due to conditions imposed by the Data Protection Act we are prevented from disclosing or discussing information or issues with a third party such as yourself concerning an individual driver relating to the issue of a Parking Charge Notice

We can however progress an appeal once we are in receipt of signed and dated written consent from the driver of the vehicle at the time of the issue of the Parking Charge Notice giving you full authority to act on their behalf and to receive any relevant information or data relating to them .

You will appreciate the disclosure, discussion or exchange of information or data relating to an individual is a very sensitive issue these days and as such should not be divulged or discussed unless express consent by that individual is given. We look forward to receiving such consent by return enabling us to progress this particular appeal for review and action."

Now first thing I want to know is how can they presume that I am not the driver (eventhough this is irrelevant) and not the keeper? I'm not sure how to respond so any help will be appreciated.

Thankyou

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    no they cant presume (although they can try and mislead you)

    you can either wait for a popla code , or write back stating that you have appealed as keeper and they are breaching the BPA guidelines by not issuing a popla code to the keeper as the charge relates to the vehicle as determined by its VRM

    also state that the driver will not be named

    you probably should also complain to the BPA and the DVLA about them breaching the code and guidelines

    a KEEPER can appeal and they should accept an appeal from the keeper at any point in the process , subject to any time limits in the CoP etc
  • Should they have issued a Popla code when they replied to my appeal?
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Definite complaint time to both the BPA and DVLA

    Complaints to the BPA and DVLA can be emailed to:

    aos@britishparking.co.uk

    steve.c@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
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I have written emails to both BPA and DVLA regarding the matter. Now I should write back to NCP saying I have complained about the matter to BPA/DVLA and I request a POPLA code? Anything else to add?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    add that the driver will not be divulged , like I said earlier

    so yes , write back , saying what you said including the fact you have complained to the BPA and to THE DVLA and demand a popla code as keeper
  • Just to update, my case was repealed! I received a letter from NCP yesterday confirming this. Thankyou for your help:)
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