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Do i need to name the driver of the vehicle to appeal parking charge notice

Hi


I have a parking charge notice from a private firm and have checked that they are part of the BPA. They stated I could send my appeal by email so I used the template provided on here to draft my appeal. The company have emailed back saying the following:


If you fail to provide the drivers details then the appeal cannot be processed and we will pursue the keeper of the vehicle.


I have already stated the following at the top of my appeal:


I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle.


I was under the impression that I do not legally have to provide the drivers details and can appeal as the keeper of the vehicle, is this correct? I was going to email back and advise I had already stated that I was the keeper of the vehicle and as the keeper I am appealing the charge and have no obligation to provide drivers details to be able to appeal. I have already been in email conversation with them so should i reply?


I have already had issues with submitting my appeal as they reference you can email appeal and then respond with an online link which tells you that you need to appeal through this online form. I ended up completing the form online which wouldn't submit so i emailed them to advise of the issue in which they responded they had an IT issue and that i could email my appeal to them on same email address. I had also in the meantime posted my appeal which i advised them of and i then resent my appeal again to their email address. They then came back to me at a later date saying the IT issue had been resolved and i could now fill in the online form. I emailed them back to advise i would not be doing that as i had already been told it was fine to send my appeal to their email due to IT issues and i advised that they had signed for my posted copy of the appeal. This is when they came back to me with the email saying they couldn't process my appeal because i hadn't named driver. As referenced above i was going to email back and say that i am not obliged to name the driver to be able to appeal. Should i also state that if they refuse to address and respond to my appeal then i will contact the BPA as they have made the process very difficult for me to appeal and now are basically refusing to address my appeal if i don't name the driver?


any help would be much appreciated :-)

«1345

Comments

  • KeithP
    KeithP Posts: 41,240 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 January 2018 at 8:05PM
    Ignore that fishing email and wait patiently for your PoPLA code.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    If you fail to provide the drivers details then the appeal cannot be processed and we will pursue the keeper of the vehicle.



    Is the PPC ... UKPC per chance ???
  • it is elite management (midalnds) ltd
  • i thought they could only issue a POPLA code once they had reviewed your appeal and rejected it? They are refusing to look at appeal unless i name driver, so if i ignore can i then argue they haven't given me a POPLA code?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 17 January 2018 at 8:15PM
    it is elite management (midalnds) ltd

    OK, they are seriously quoting cr*p

    You DO NOT have to name the driver to get your legal right
    to appeal.

    Guess Elite are scratching at straws and are worfully ignorant

    You always respond as the keeper and you really should be
    complaining to the BPA and DVLA about this misleading
    letter/email

    They cannot refuse you a POPLA code
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    thanks i didn't think you had to name driver in order to appeal.


    Shall i contact the BPA without replying to their email? As i have already been in contact with them through emails not sure if it was best to respond or just go straight to BPA?

    Well, there is no point in replying to the brain dead like Elite
    Complain to the BPA and David Dunford of the DVLA
  • beamerguy wrote: »
    OK, they are seriously quoting cr*p

    You DO NOT have to name the driver to get your legal right
    to appeal.

    Guess Elite are scratching at straws and are worfully ignorant

    You always respond as the keeper and you really should be
    complaining to the BPA and DVLA about this misleading
    letter/email

    They cannot refuse you a POPLA code






    should i be emailing back to them and saying that i am not obligated to provide driver and have a right to appeal as the keeper of the vehicle? As i have already been in contact with them on email i don't want them to be able to use me not responding against me. Or should i just go straight to the BPA and hopefully they will deal with it?
  • beamerguy wrote: »
    Well, there is no point in replying to the brain dead like Elite
    Complain to the BPA and David Dunford of the DVLA




    ok do you have the contact email for David Dunford by any chance and also the BPA?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ok do you have the contact email for David Dunford by any chance and also the BPA?

    david.dunford@dvla.gsi.gov.uk

    STEVE CLARK
    aos@britishparking.co.uk
  • The company have emailed back saying the following:

    If you fail to provide the drivers details then the appeal cannot be processed and we will pursue the keeper of the vehicle.
    Sounds good to me! Were they under the impression that you were appealing as the driver? Was this a windscreen ticket you appealed as the RK, or was it a PCN sent to the RK after they got your details from the DVLA?

    No, you don't have to name the driver, but it is generally helpful to deny being the driver (assuming that was the case).

    Just tell them you're appealing as the RK, you won't be naming the driver, and to give you the POPLA code or foxtrot romeo oscar.

    --Kirchenmaus
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