UKPPO and BPA

toddis

Umkomaas wrote: »

Are you going to complain to David Dunford and Trading Standards? You’ll have SIP on the ropes if they get involved.

Yes.

According to my daughter, there has been numerous tickets 'awarded' to her work colleagues. This has a impact with their parking permits (3 strikes and they lose it for 12 months). I understand most of them have just paid up. As there's been a serious breach of Consumer Protection Act, can anything be done for them to claim a refund?

Is a FOI request doable?

My priority is getting this pcn cancelled but thought I'd ask...

System

Hate to say it but it seems that the only reason UKPPO are there and doing so well is the inability of people to park where they should.

The 3 strikes rule is also a useful idea as it limits (or should limit) the amounts that UKPPO can claim - which UKPPO might not have agreed to.

What is the issue with the work colleagues parking where they should?

toddis

I'm guessing there isn't enough bays (or some just take a risk).

The overflow car park to which this pcn relates to, is where I believe most of the tickets are handed out. They park in an area where its not stipulated by a company name. The car park is graveled (so no floor markings) and parking is indicated by a company sign on the wall. There is an area where there's no wall (it's grassed), therefore there's nowhere to place a company sign. There's space for about 6/7 vehicles.

This brings me nicely onto the signage again. Parking isn't offered to those that don't meet the conditions. No contract = no breach of the conditions.

Could she have parked legally in the non signed area if she took her permit out of her windscreen?

Redx

toddis wrote: »

My priority is getting this pcn cancelled but thought I'd ask...

highly unlikely

we rarely see cancelled PCN,s issued by IPC members on here, or over on pepipoo

once they have somebody wriggling on the hook , they dont operate a catch and release policy

its a catch and sc@m policy

by all means go through the motions and complain to all and sundry, but this wont go away until a court case happens OR the 6 years statute kicks in

on private land , the rule is , granted permission or trespassing , its normally one or the other

ie:- the law (legally) doesnt cover private parking , but does cover contracts

toddis

Redx wrote: »

ie:- the law (legally) doesnt cover private parking , but does cover contracts

You have more experience than I do, so I'm not in a position to disagree or provoke, but according to the signage, the contract is under BPA.

I know you can't answer these questions, but would this one go to court? Or will the RK even get a NTK?

Redx

she may or may not get an NTK in the post

for the PPC to adhere to POFA2012 (which many dont bother with or fail) there should be an NTK between day 29 and day 56 issued by post to the keeper , otherwise they fail to hold a keeper liable for a drivers actions (under POFA2012)

It may or may not go to court , nobody can tell you that answer, just like they dont know this saturdays lottery numbers

past performance is detailed on the BMPA website , on the zendesk there, please check yourself

but past performance is no guarantee for the future (they alll have 6 years to bring a court claim under MCOL)

Gladrags tend to push their IPC signups to go to court , so they can charge them fees , so who knows ?

my point was that you are trying to nip this in the bud, this is very unlikely to happen , the PPC business model is to ticket somebody and harasss them for money for 6 years , they all practice this type of modern day sc@m

if there was a magic wand we could tell you to wave, it would be in the NEWBIES thread and we would have told you about it

there are plenty of blogs on parking pranksters blogsite for you to read about trespass and forbidding signage = no contract , mainly court cases

logician

Umkomaas wrote: »

Are you going to complain to David Dunford and Trading Standards?

Umkomaas wrote: »

Complain to David Dunford of the DVLA and ask him to investigate this urgently. They are breaching the Consumer Protection Act by purporting to belong to a trade body when in fact they are not. Ask him why the DVLA released your details to an organisation who were/are in breach of the law.

david.dunford@dvla.gsi.gov.uk

You must also formally involve Trading Standards and refer them to this recent case where their counterparts in South Wales successfully prosecuted another PPC over the exact same contravention.

http://parking-prankster.blogspot.co.uk/2017/06/new-generation-parking-management-found.html

Copy that link to David Dunford too.

Umkomaas gave you some pointers.

However if this is still a windscreen ticket - ie. the RK has not received the notice to keeper then better to wait until that has arrived UNLESS the vehicle is a leased/ or company car.

toddis

Just an update....

I emailed the landowners explaining the situation regarding UKPPO illegally issuing parking tickets and asked if they were aware that its been the case for 2 years. I'm awaiting their reply. I did of course ask them to arrange immediate cancellation of the pcn.

I notice from UKPPO website that they recently won a new 3 year contract with Chatham Maritime Estate. Subject to the landowner not cancelling my pcn, I shall make reference to the new contract and drop in something about Trading Standards.

I emailed BPA asking why are UKPPO still using their logo and here is their reply...

[FONT=&quot]Dear Mr xxxx[/FONT]

[FONT=&quot]Thank you for your email. [/FONT]

[FONT=&quot]As the operator is not an AOS member, it is evident that they have not yet updated their sign. If you can tell us the name and address of the site where the sign is located, we can contact the operator and ask that they update that accordingly. [/FONT]

[FONT=&quot]Kind regards,[/FONT]

[FONT=&quot]Joanna Barnes[/FONT]
[FONT=&quot]Compliance Officer[/FONT]
[FONT=&quot]AOS Investigation Team
[/FONT]
[FONT=&quot]Their reply is more ammo should I need it.
[/FONT]

pappa_golf

there reply is ^%£P , ask Joanne why the signage has not been audited for a couple of days short of two years , and you no longer give a hoot about the the future , you were using the car park knowing you had the protection of BPA/POPLa in case of problems

as the signage is clearly visible , you would like to make an appeal (as per signage) to POPLa

toddis

Sorry for being thick, but do I mention the appeal to BPA?