PCN Southampton Town Quay Parking Eye

Edna_Basher

Until very recently, ParkingEye were very efficient in churning out standard rejection letters and POPLA codes. However, we have now had a couple of cases where PE's rejection letters have mysteriously gone astray - prompting us to complain to the BPA.

Having said that, PE seem to have been exceptionally quick off the mark in sending you a Letter Before Claim. Are you sure this relates to the same PCN as the one you've been "appealing"?

MetroBot

Thank you very much Coupon Mad for the advice. Is there any specific format for complaining about Popla code to PE and BPA or should I word it myself and post it? Do you know what I should include in it?

And yes I have checked both Spam and Junk and every folder and category in my e-mail for any correspondence from PE and there is absolutely nothing.

Thanks

Coupon-mad

Just word it as per your own style and attach proof of the appeal.

MetroBot

Hi Edna Basher

I didn't know this about PE but it's good to know that they lacked professionalism this time.

The keeper has only received 2 e-mails from them, one confirming his appeal submission and another one that was posted above

And the keeper has no other outstanding parking charges. Plus it states it is related to the town quay case from May.

The keeper has received another PCN recently from Athena for a Lidl car park which was cancelled promptly after complaining to their customer services and their CEO.

MetroBot

Hi Everyone

The keeper came up with this complaint letter and wanted to hear an opinion on this before they send it. Thank you in advance

FORMAL COMPLAINT RE PARKINGEYE - PCN ...............- NO POPLA CODE AFTER APPEAL

Dear Sirs,

This is a formal complaint about Parking Eye not providing a POPLA code after a timely appeal, which is a clear breach of the BPA Code:

" ....................."

I am writing to you as the registered keeper of the vehicle........... regarding the PCN issued on the.......... , reference number........... relating to an event which took place on......... .

Following my appeal submission to Parking Eye on ......., contesting the PCN, I received an automated confirmation from Parking Eye via e-mail that my appeal has been submitted successfully, copy of which you can find attached below.

As a response to my appeal, on the ......... I received an e-mail from Parking Eye, entitled 'SMB-PE-Privacy', attached below, in which at the very end it stated 'We can confirm that we have now passed your appeal back to our Appeals Team for consideration and they will be in touch in due course.'

There has been no correspondence from PE received by me since, either by e-mail or by post, leaving me waiting for a formal confirmation of cancellation of the PCN or a rejection of my appeal which would include a POPLA reference number, in order for me to appeal to POPLA.

The only correspondence since the e-mail from ........ was a 'Letter Before County Court Claim' dated ..........., which I received on the .......... stating that 'when ParkingEye rejected your appeal, you were provided with 28 days to lodge a further appeal with POPLA... This 28 day period has now passed and you have not appealed to POPLA'. Although, by not receiving the rejection letter, it made it impossible for me to use POPLA as ADR It also states that Parking Eye is "unable to use the Parking On Private Land Appeals (POPLA) service as Alternative Dispute Resolution (ADR) at this stage. This is because POPLA will only accept an appeal from the motorist within 28 days of their appeal ('representations) being rejected by the operator" Although, nowhere in the BPA Code of Practice does it state that the PPC may not provide the POPLA Code after 28 days. Also nowhere on the POPLA website does it state this.

I confirm that I have thoroughly checked my e-mail inbox and have checked my letter box every day since the ........ and even though I have received other correspondence, none of it was from Parking Eye until the LBCCC.

I must also confirm that I have not changed my address or personal details since the event took place on ............ The 'Letter Before County Court Claim' and the e-mail received confirming my statement.

Furthermore, in the case the presumed letter was indeed sent by Parking Eye, I would like to mention that the failure of delivery is completely out of my control, being unable to track the presumed correspondence.

I find court proceedings absolutely unnecessary in this case and I am asking Parking Eye to provide me with a POPLA code in order to be able to submit my POPLA appeal and to resolve the dispute out of court using a form of alternative dispute resolution ADR as the 'Practice Direction - Pre-Action Conduct and Protocols' states under 'Settlement and ADR' and I quote "Litigation should be a last resort. As part of a relevant pre-action protocol or this Practice Direction, the parties should consider whether negotiation or some other form of ADR might enable them to settle their dispute without commencing proceedings... 10. Parties may negotiate to settle a dispute or may use a form of ADR including: (a) mediation, a third party facilitating a resolution; (b) arbitration, a third party deciding the dispute; (c) early neutral evaluation, a third party giving an informed opinion on the dispute... 11. If proceedings are issued, the parties may be required by the court to provide evidence that ADR has been considered."


Yours faithfully
................

Umkomaas

Please switch off your 'Smart Punctuation' on your iPhone/iPad to avoid the littering of your posts with !!!!8820; and the like, as every apostrophe and some other punctuations convert to exclamation marks and numbers.

It will remove anything similar from any future posts you make, but unfortunately copy and pastes of other people's inputs will still carry the fault and will need to be tidied manually.

Go to 'Settings' > 'General' > 'Keyboard' > 'Smart Punctuation' and flick the switch off.

Switching off seems to have no detrimental affect on any other use of the keyboard.

You might want to go back over your post and edit out all the hieroglyphics to make it more readable please?

Coupon-mad

I would start with:

FORMAL COMPLAINT RE PARKINGEYE - PCN XXXXXX/XXXXXX - NO POPLA CODE AFTER APPEAL

This is a formal complaint about Parking Eye not providing a POPLA code after a timely appeal, which is a clear breach of the BPA Code.

aos@britishparking.co.uk

and copy in

enforcement@parkingeye.co.uk

MetroBot

Hi Umkomaas

Apologies for the hieroglyphics. I actually posted from my pc and it actually looked good before hitting post. I've corrected it now. Thanks for pointing out. Hope it helps.

Hi Coupon-mad

I have updated it with your recommendations. Let me know what you think.

MetroBot

I've tweaked it to include the important bits but I am not sure If I have gone too far with the quotes. Could anyone advise?
Thanks

MetroBot

Hi

Updates:

I have received an e-mail back from AOS saying that PE has a fully comp appeal process COP compliant. Said the charge was withdrawn from Equita and that PE has sent another Popla which I received yesterday.

I'll put together an appeal and post it here. Should I look at anything in particular considering the situation?

Thanks