privateparkingsolutions appeal - issues getting POPLA code

massop

Hi Guys,

I got a ticket from this scummy company.

Long story short, the driver parked in a Tesco in west London (Harrow), they went to enter the store to find it was closed when it normally isnt so they went around the back to find a staff member to find out why its close.

In this time they must have got a ticket.

I followed the NEWBIE guide here and appealed the ticket via email using the below template

Re PCN numberXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn. 

Since your PCN is a vague template, I require all photos taken, a clear image of the signage and an explanation of the allegation (e.g. if you have identified a wrong VRN input at a machine, say so, and explain why your Data Protection Officer has not simply rectified it, rather than trying to punish a driver for a matter where there is nothing to deter). 

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog). 

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.
Yours faithfully, 

XXX (Registered keeper)
XXX street
XXX
XXX

I got a response about a week later basically saying its not good enough and if I name the driver they can pursue the driver directly.

I didn't name the driver and responded stating what happened at the store and that this practice is unethical, this time I demanded the POPLA code so I can escalate.

Again they waited a week to respond, and now I have the below response seemingly refusing to give me the code

We reviewed the points you raised in your appeal, but they are not sufficient enough to justify the cancellation of this PCN.

Please be informed that the signs informing the customers of the temporary opening hours are placed in front of the store entrance, therefore, going around the back of the store is not acceptable reason for using this particular car park, nor for cancellation of the ticket.

As stated in my previous email, when a vehicle is parked in a private car park, the normal rule is that the DRIVER is responsible for paying the tariff fee (if any) for parking, for following the terms and conditions which apply, and for paying any parking charges.

If you wish to give the details about the driver (name and current address for postal service) we will transfer the liability for the PCN, otherwise we will be able to pursue the registered keeper under Schedule 4 of the POFA act 2012.



Please, see further information related to this parking ticket on our website:paypps


Let me inform you due to strict audits procedures we are unable to accept or deal with appeals verbally.

Please help me with a response to these criminals. Are they allowed to refuse me the POPLA code? Again at no point have I given the name of the driver or insinuated who the driver was.

Thanks in advance

waamo

If they are refusing to provide a code then complain to the BPA. Has it been 35 days yet? I suspect they will claim they are waiting to see if you name the driver.

massop

It has been roughly 16 days since I sent the appeal email which would have been within a day or 2 of getting the letter.

So shall I contact BPA simply stating I am trying to escalate an appeal but these scumbags are not providing the POPLA code?

If so do I contact the AOS team on the BPA contact page? (I cannot send the link as my account is too new)

Thanks

waamo

They are still in time to issue a code so I would wait until about day 30ish. Some companies do take their time sending codes which is allowed.

If they haven't sent one by day 35 then they are supposed to cancel but companies always send a code by then but it mysteriously goes missing.

Coupon Mad will love the split infinitive I managed to get in.

massop

Ok thanks for your help with this.

So for now shall I just remain quiet until they either

1 - Give me the code
2 - Fail to give me the code by day 35

If option 2 happens I complain & report to BPA?

Let me know.

Thanks

waamo

Complain if you don't get it. You need to make your position clear that you have asked and not received. Should they ever launch a court claim you need to be able to have a consistent approach.

twhitehousescat

as the code (if if gets "lost") is supposed to last 28 days (although it will last longer) ensure that the BPA have acted and forwarded the code before this time ends

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

massop

Thanks for all the replies guys.

I have responded with a very clear an concise email to the last email from the criminals

"Since you have rejected my appeal please can you provide me the POPLA code so that I can escalate this matter to the appropriate authority."

If they do not provide me with the code after this then I guess this will work in my favor.

I will update as soon as they respond.

Thanks

massop

Hi guys,

It has been 35 days since the original notice letter and 13 days since I last emailed them for my POPLA code so that I can escalate.

There has been no response from these criminals other than a reminder letter I got in the post today which still did not have a POPLA code.

So as it stands I have asked for the POPLA code 2 times now (via email) and they have not provided me with one.

What shall I do now? Chase them for a POPLA code? or shall I complain direct to BPA?

Your help is much appreciated.

Thanks

Umkomaas

Give it a few more days, then fire in a complaint to Steve Clark of the BPA.

steve.c@britishparking.co.uk