PCN from First parking 05/09/18

Coupon-mad

Welchmanrobb wrote: »

The latest letter is from Direct Collection Bailiffs Limited - a notice of debt recovery.
The letter from First Parking does not acknowledge my complaint, only the fact that it had received my letter. It was sent within the first 28 days of the initial correspondence. I then received two further letter from National Debt Collections. So still not received a PopLA code.

Tell us what Steve Clark said; his email is all over the forum (search).

Should I just pay the fine to The Direct Collection Bailiffs?

Don't be daft.

Welchmanrobb

Thank you for your recent email dated

The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of Data Protection Law are met. The DVLA provides vehicle keeper details as a first point of contact to allow the driver to be identified.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private car park enforcement companies. The DVLA cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or his agent. However, DVLA has been in correspondence with First Parking LLP who has provided supporting evidence which met reasonable cause. DVLA releases information on the basis that reasonable cause is demonstrated.

There is however robust safeguards in place to help ensure that motorists are treated fairly when any parking charge is pursued. Vehicle keeper information is disclosed only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.

The company in question, First Parking LLP, is a member of the British Parking Association (BPA) which is an Accredited Trade Association for the parking industry. The BPA’s code of practice is published on its website If a member of this scheme does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the BPA’s code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN.

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure leaflet for your reference.


Yours sincerely,

(Sent via email)

Andrew Cutter Compliance Officer Data Sharing Strategy and Compliance Team

Welchmanrobb

This reply is from BPA:


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. Therefore, the Code does not provide a way for a driver to challenge how a landowner or operator has applied parking control and enforcement on private land. Any challenge or appeal is a matter for the landowners or operators procedure, with the option of taking it to POPLA, and or the courts. The BPA will not get involved in the arbitration of a dispute between an operator and an individual.

After reviewing your email, I can advise that parking charges are issued for a breach of advertised terms and conditions of a privately owned site. The Code states that 28 days is a reasonable timeframe for the motorist to appeal a charge from the date it has been issued.

If an appeal is received within that time the operator will acknowledge receipt within 14 days, freeze the charge, consider the appeal, and will issue an outcome within a total of 35 days. If no payment or appeal is received in that timeframe then there is no obligation for the operator to enter into further communications, or to accept an appeal from the motorist.

If you have followed the above process, and have reason to believe the operator has failed to abide by the processes as outlined in the Code, please provide us with the supporting evidence.

Please be advised that if there has not been a breach of our Code, we will be unable to assist you further with this matter. If you wish to contest the charge further you will need to do so via the courts. Please seek legal advice first.

Kind regards,

Zoe Rudwick
Compliance Investigations Officer
British Parking Association

Coupon-mad

If you have followed the above process, and have reason to believe the operator has failed to abide by the processes as outlined in the Code, please provide us with the supporting evidence.

And that's what you must do. She has pointed the way ahead, so this isn't difficult!

Prove you appealed within 28 days and show all these letters:

The latest letter is from Direct Collection Bailiffs Limited - a notice of debt recovery.
The letter from First Parking does not acknowledge my complaint, only the fact that it had received my letter. It was sent within the first 28 days of the initial correspondence. I then received two further letter from National Debt Collections. So still not received a PopLA code.

Welchmanrobb

Hi,

I just wanted to let you know that after contacting PALS at the Hospital, the PCN has been cancelled!
I don't know why we didn't do this earlier but it was successful. Thank you for all you help and advice.

Ralph-y

did you send the evidence to the BPA ?


Ralph:cool:

Welchmanrobb

I sent all the evidence to the BPA, not heard from them yet. I suppose I should tell them this news too.

Ralph-y

No, wait to see what excuse they come up with and then complain to your PM ....


Ralph:cool:

atroublestarter

I agree with Raphy-y - Please make sure you chase up your complaint to the BPA and don't tell them yet it's been revoked via PALS.



I'm going through a fairly similar case where I believe First Parking has broken the protocol required by BPA, and unless I'm advised against doing so in my thread, I'll be complaining about them too.


Imagine if they get enough complaints, could their access to DVLA keeper details get revoked?? Let us hope so.

Welchmanrobb

This is the reply I had from BPA today:

Thank you for your patience whilst we have approached the parking operator on your behalf.

I am advised that the appeal letter was not treated as such, because the name and address of the driver had not been provided. I have provided feedback to the parking operator about this situation with a view to preventing this from happening again.

In light of this the charge has been cancelled by First Parking LLP.

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.

Kind regards

Jo Barnes
Compliance Officer
AOS Investigation Team