POFA applicability when parked in Disabled space

Umkomaas

No doubt yet another 'administration error' by APCOA that the BPA will be happy to try to brush under the carpet. Just like they did with this one the other day.

https://forums.moneysavingexpert.com/discussion/comment/74453301#Comment_74453301

Seems like APCOA need a new Administration Manager, otherwise British motorists are even more vulnerable to APCOA than many other PPCs with half-decent (read that whichever way you want!) Admin Mgrs.

Gooman

Here was my email to BPA:

I sincerely hope you can help me resolve my issue with APCOA.

An authorised driver using my vehicle received a PCN# XXXXXXX on 24th April 2018 while parked in Luton & Dunstable Hospital car park, managed by APCOA.

APCOA!!!8217;s online appeal system did not work, saying that my PCN# was not valid.

I appealed as keeper by post on 17th May referencing the PCN# above. I received a rejected letter from APCOA dated 14th June (but not received until 21st June, day 57).

Crucially, despite being addressed to me, this rejection letter DOES NOT RELATE TO MY PCN OR VEHICLE. The PCN# is one digit out (XXXXXXX), and I do not own the vehicle whose registration number is listed and for which a photograph is supplied.

What!!!8217;s more, the POPLA code supplied in the rejection letter has expired. POPLA tell me that this code was issued on 9th May, well before the date on APCOA!!!8217;s letter (let alone well before I received it).

I!!!8217;ve tried calling the Customer Service number listed in the rejection letter, but it gives number unobtainable.

In summary:
!!!8226; APCOA failed to provide a method for me to appeal online despite advertising it
!!!8226; They sent me a rejection letter for someone else!!!8217;s PCN and vehicle
!!!8226; They sent me photos of someone else!!!8217;s vehicle, potentially a privacy breach
!!!8226; They failed to supply a valid POPLA code
!!!8226; The phone contact details they provided in the rejection letter are invalid

This series of events cannot be a coincidence !!!8211; rather it seems to demonstrate their utter incompetence in record keeping and basic data protection.

Given that they have not supplied a valid POPLA code, I cannot appeal further.

Please let me know as a matter of urgency what can be done to resolve this problem.

Many thanks

Gooman

And here's the BPA's reply, essentially washing their hands of it, where they've misunderstood or not bothered to read my letter (it's not that the PCN wasn't mine, it's that their rejection letter isn't for me and the POPLA code is invalid - all things that I would expect *would* constitute non-compliance with the code!):

Dear XXXXX,

Thank you for your email.

I can confirm that APCOA are a member of our Approved Operator Scheme which means that they are required to adhere to our Code of Practice. Should you wish to view our Code of Practice, this can be found using the below link:

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

Our role is to investigate any complaints about alleged non-compliance with our Code where evidence can be supplied. However, the BPA is a membership organisation and we are not set up to deal with disputes from the general public about parking, nor can we cancel or suspend Parking Charge Notices.

I note you advise that you have received a parking charge notice that is not correctly attributed to you.

I would recommend speaking to the DVLA and informing them of this mistake, and attach a copy of the Parking Charge Notice so that they can compare it to their records. Once you have evidence that the car/driver responsible for the contravention was not yourself, you can send it to APCOA in writing.

If APCOA do not respond to you within a reasonable amount of time, we may be able to approach the operator on your behalf.

For your convenience, here is the DVLA!!!8217;s contact page: https://www.gov.uk/contact-the-dvla

APCOA!!!8217;s postal address:

PO Box 1010
Uxbridge
Middlesex
UB8 9NT

I hope this is of assistance.

Yours Sincerely,

Coupon-mad

Reply and tell her to read your email more thoroughly and investigate properly, why you have been given a 9th May POPLA code in a letter dated over a month later. Push, push, push.

Gooman

My response:

Hi XXXXX.

I!!!8217;m not sure you!!!8217;ve read my email thoroughly. In particular:

!!!8226; It!!!8217;s not that I!!!8217;ve received a PCN that!!!8217;s not attributable to my vehicle. My driver did receive a valid PCN, I appealed, but APCOA!!!8217;s rejection letter does not relate to either the PCN or my vehicle
!!!8226; The POPLA code that APCOA supplied in the rejection letter had already expired BEFORE THEY EVEN SENT THE LETTER

These matters clearly show non-compliance with the code, in particular:
!!!8226; Section 22.8 - since they have responded to a completely different appeal on a different PCN, they have not actually provided ANY response to my appeal for my driver!!!8217;s PCN
!!!8226; Section 22.12 !!!8211; since the POPLA/IAS code they supplied in their rejection letter has already expired even before they sent it, they have not provided a valid 10-digit identification code (additionally, the POPLA/IAS code was on the second page of the letter, not the first as required by this section of the code)

I would appreciate a response at your earliest convenience.

Many thanks

Gooman

Just received this reply from the BPA - any objections to me supplying the PCN and Rejection Letter as requested?

Dear XXXXXX

Thank you for your further email.

To clarify, we are unable to assist on certain issues, such as website malfunction or contact numbers, however, as you correctly state, the Code does advise that if an appeal outcome is issued then the motorist should be able to appeal further to POPLA if eligible. From the information supplied to date, it would seem that you did qualify.

As explained by my colleague, we do need evidence of the operator failing to abide by the Code before we can investigate and to date, no documentation has been supplied. It would aid us if we could see a copy of the rejection letter to which you refer. Please supply this along with the parking charge notice, if you still have it, and upon receipt, we can review in accordance with the requirements of the Code.

I trust this information is of use.

KeithP

Gooman wrote: »

- any objections to me supplying the PCN and Rejection Letter as requested?

Of course not.

Coupon-mad

Indeed, of course you must.

Gooman

APCOA have confirmed through the BPA that the charge is cancelled - which is great, and thanks to everyone for their help and assistance. The response itself seems not completely satisfactory though.

Here's what I sent the BPA:

I have attached:
!!!8226; A PDF of the PCN
!!!8226; A PDF of my appeal letter
!!!8226; A PDF of APCOA!!!8217;s rejection letter (the handwritten note on page 2 is mine)

You!!!8217;ll note that their rejection letter does not reference my PCN number nor my vehicle, and so they have not actually replied to my appeal (in contravention of 22.8).

You!!!8217;ll also note that the POPLA code supplied in the letter I received had already expired even on the date of the letter, and so they have not supplied a valid POPLA code (in contravention of 22.12).

Additionally, you!!!8217;ll note that the POPLA code is on page 2 of the letter, not the first (also in contravention of 22.12)

I!!!8217;d be grateful if you could let me know an expected timeframe for any actions.

And here's their response:

Following further investigation, I am advised that there has been an error on entering the parking charge reference number to APCOA!!!8217;s system when APCOA!!!8217;s appeals agent first processed the appeal. It has transpired that by entering XXX instead of YYY this has resulted in a response being sent to you with the incorrect vehicle details. This has been fed back to the agent!!!8217;s line manager, and in light of this error the charge has been cancelled.

As an AOS approved operator, APCOA has a fully comprehensive appeals process which is compliant with our Code of Practice. As a large company, they will also handle a large volume of correspondence and so various templates will be used to assist in this process regardless of whether an appeal is upheld, or rejected. It is a given that the POPLA code should be included on the first page, and their system has this built in so this happens automatically, but in this case, the agent has used a manual template in this resulting in it being on the second page incorrectly, and an incorrect POPLA code was generated. Again, this will be addressed with the agent concerned.

I can also confirm that the contact number has been tested, and it does connect and work as it should do.

APCOA have apologised for any inconvenience this issue has caused. Whilst we have every expectation that APCOA will handle and process appeals appropriately, as with any system sometimes things can go wrong, and this is what appears to have happened here. As the operator has responded accordingly, this case is now closed.

Thank you for bringing this matter to our attention and assisting us to raise standards within the private parking sector.

It's pretty clear that it's not the Agent's fault ... it's the fact that APCOA's procedures and management are so thoroughly useless to allow things like this to happen on (what seems from other posts) to be a regular basis.

That said, I don't have vast amounts of time to dedicate to followup actions now that the charge has been dropped. If I was going to do one thing to further the cause, what should it be?

Umkomaas

If I was going to do one thing to further the cause, what should it be?

Why not drop a SAR-bomb on them? It will take you 10 minutes to rattle one up (see examples in the following link), but will take them hours to deal with it. If you have the time to check its veracity on reply (they have 30 days to do so), we can see if their admin chaos has been sorted, following the BPA's 'assurance'!

https://forums.moneysavingexpert.com/discussion/5849784/june-2018-start-of-the-new-ppc-and-dvla-fightback-gdpr-related