Q regarding the BPA template

Eskie

In the newbies thread I saw the template to use for BPA or IPC members which says:

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

A couple of questions on this which as far as I can see weren't addressed on that thread.
In the PCN sent by Britannia it does contain photos of the front & back of vehicle plus photos of number plates. There was no PCN issued at the time of the alleged offence, it was sent by post.
Your template asks for them to send photos but because this PCN already contains those photos I'm guessing it doesn't make sense to send the template as is?

waamo

As it is makes them have to spend time and effort doing some work. These companies want maximum income for minimum effort.

Having to do a bit of work sometimes makes them move on to an easier target.

logician

Eskie wrote: »

In the newbies thread I saw the template to use for BPA or IPC members which says:



A couple of questions on this which as far as I can see weren't addressed on that thread.
In the PCN sent by Britannia it does contain photos of the front & back of vehicle plus photos of number plates. There was no PCN issued at the time of the alleged offence, it was sent by post.
Your template asks for them to send photos but because this PCN already contains those photos I'm guessing it doesn't make sense to send the template as is?

the template appeal has recently been amended and is now IMHO is now a hatchet job trying to combine a one size fits all scenario which makes no logical sense see my comment in red:

Coupon-mad wrote: »

TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING

- if this is a BPA member parking firm, the point is to get a POPLA code if you do not get it cancelled.

the point is surely to try and get it cancelled on first appeal, saves the OPs time and effort and unpredictabilty of POPLA , by seeking information with a rejection and POPLA code, then you are also granting permission to continue processing your data




************************************************************************


Template appeal for BPA or IPC members - copy this wording into the online appeal box::




Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.



Yours faithfully,



THE NAME AND POSTAL ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

By seeking further information and requesting a POPLA code, this makes a mockery of the Section 10 notice and stating you do not consent to further processing of data. The template provides consent for and actually requests the further data processing is completed with information and data to be sent to the keeper.

Coupon-mad

''Hatchet job'' eh? LOL.

I won't be changing it.

Quentin

logician wrote: »

the template appeal has recently been amended and is now IMHO is now a hatchet job trying to combine a one size fits all scenario which makes no logical sense .......

You don't assist the OP by posting this comment in this thread, just confuse.


You are well known to have a problem with CM, and presumably dissing the faq is some sort of "retaliation"


If you want to discuss the merits of anything in the FAQ (presumably to try and score points against her), then start a new thread

logician

Quentin wrote: »

You don't assist the OP by posting this comment in this thread, just confuse.


You are well known to have a problem with CM, and presumably dissing the faq is some sort of "retaliation"


If you want to discuss the merits of anything in the FAQ (presumably to try and score points against her), then start a new thread

Really?

When did you get to dictate which threads posters should make any comment on.

The OP raised a point or two and I put forward reasons why the first appeal is not suitable

Clearly you did not read the points raised, I have not 'dissed the FAQ' just made the point that IMHO the new template first appeal one size fits all is not fit for purpose and contradictory.

Quentin

Perhaps you ought to declare your vested interest when posting here to advise us in your humble opinion - when you actually have a large axe to grind regarding this Forum.

logician

Quentin wrote: »

Perhaps you ought to declare your vested interest when posting here to advise us in your humble opinion - when you actually have a large axe to grind regarding this Forum.

:rotfl:

My you do post in riddles Quentin.

Why would I post assisting OPs with their parking charges if I had a "large axe to grind regarding this forum"?
:A

pappa_golf

logician wrote: »

:rotfl:

My you do post in riddles Quentin.

Why would I post assisting OPs with their parking charges if I had a "large axe to grind regarding this forum"?
:A

Albert Pierrepoint used to assist people to the correct place to stand :rotfl:

FredElliott

Logician sounds like a bitter women (Director of Private Parking Appeals Ltd).

Described by a solicitor at a well known firm as "an angry wierd little thing"

Quentin

logician wrote: »

:rotfl:

My you do post in riddles Quentin.

Why would I post assisting OPs with their parking charges if I had a "large axe to grind regarding this forum"?
:A

For the benefit of newbies you ought to declare your vested interest reasons for disagreeing with this forum's advice


(And knowing how often you refer to the forum rules what are your thoughts on posters getting their posting privileges permanently removed and simply coming back under an alter ego and "cleverly" circumnavigating rules and continuing to post when they are not supposed to?)