Confused about late notification

ecofool

I've now formally appealed about the PCN (24th May 2019). Using the following:

This notification was issued on the 20th May 2019 for an alleged parking contravention on the 5th April 2019. This exceeds the 29 day notification period. Please advise on what grounds your Parking Charge Notice is now valid.

I got an automated response:

Dear M?????,

Thank you for your appeal regarding ticket number ?????????.

We will endeavour to respond to your appeal within 14 days but this may not always be possible.

You should receive a response within 35 days from today.

If you have not received a response to your appeal after 35 days then please call us during our office hours (Monday-Friday 09:30-16:30) on 0330 043 0240.

Please ensure that you check your junk mail in case the appeal response is diverted there. We recommend that you add our e-mail address appeals@oneparking.co.uk to your safe senders list to ensure delivery.

Please be aware that if you pay your parking charge before a decision is reached, your appeal will not be considered.

Kind Regards

Appeals Department
One Parking Solution Ltd.

ecofool

So three responses to my various enquiries.

They all have the feeling there is more to this but they are closing ranks and to get rid of me they are letting me off on a technicality. I am not convinced by any of the following this was an error as they are stating. The information I was sent was well structured and had a feeling from the beginning that it was their MO. They are relying on people being embarrassed and intimidated so people pay up without making a fuss. Sadly the BPA response only increases my suspicion of this too.

I guess it's one more case to show that all involved in this parking game are operating with little integrity and a lot of underhandedness.

1. BPA

I have investigated your complaint with the Operator and can advise as follows.

Unfortunately there appears to have been a system error which caused a number of PCN’s to be escalated to debt recovery incorrectly. One Parking identified these cases when they were alerted to the issue. Unfortunately the second notice you received – the Notice to Keeper – did mention POFA incorrectly. Due to this the parking charge notice has been cancelled.

Please find attached a copy of the response sent to you to confirm cancellation.

One Parking have detailed what has occurred and the changes made to ensure this does not happen in the future.

As the appropriate rectification occurred, I have closed the investigation.

Thank you for bringing this matter to our attention.

Kind regards
Gemma Dorans
British Parking Association

2. One Parking Solutions

Dear Appellant

Please find important correspondence attached regarding your Parking Charge Notice.

Please do not attempt to reply to this email as this address is an outgoing server only.

Appeal decisions are final and cannot be discussed over the phone.

Regards

Appeals Department

One Parking Solution Limited
95 Arundel Road
Worthing
West Sussex
BN13 3EU

Dear ???????????,
Re: Parking Charge Notice Number ???????? (Vehicle: ???????)
Site: ??????????????
Issue date: 20/05/2019

Thank you for your appeal received on 24/05/2019 regarding the above Parking Charge Notice.
The internal appeals board has reviewed this appeal.

The pictures taken by our patrol officers at the time of contravention, our clients site instructions along with our contracted obligations, and any relevant mitigating circumstances from both parties have all been considered. The senior appeals adjudicator is prepared on this occasion to approve this appeal based on all relevant mitigating circumstances. No further action is required of the driver and/or the registered keeper and this Parking Charge Notice (PCN) is deemed closed. Please understand all appeals are assessed on a case by case basis and the outcome of this appeal will not in anyway effect any future issued PCN's.

Yours sincerely,
Appeals Department
One Parking Solution Ltd.

It has this at the end which is a little odd I thought. It feels like a defence in readiness to me.

Useful Information
Landowner Authority: Every site with active parking enforcement by One Parking Solution Limited holds a current valid contract with the landowner, managing agent or other authorised persons.

Trespass:
We do not enforce parking charge notices under damage and/or trespass and therefore have no
obligation to show any profit and/or loss any party has suffered. Parking charge notices issued by One Parking Solution Limited are enforced through contractual agreement.

Amount of Charge: The legality of parking charges has been the subject of a high profile court case, ParkingEye-v-Beavis. Cambridge County Court heard the case initially, handing down a decision in May 2014 that a parking charge of £85 was allowable. It held that the parking charge had the characteristics of a penalty, in the sense in which that expression is conventionally used, but one that was commercially justifiable because it was neither improper in its purpose nor manifestly excessive in its amount. The BPA find that £100 is in the region of the £85 charge decided on by the Supreme Court. (You can find the full judgement for Parking Eye v Beavis using the following link See also Section 19.5 in the BPA Code of Conduct.

3. One Parking Solutions (Data Protection Officer)

We are sorry we are unable to assist immediately.

The reference number you have quoted was not generated by One Parking Solution Ltd.

Please supply the reference number of the parking charge notice and the vehicle registration number, we will then be able to identify any data relating to you.

Kind regards,
One Parking Solution Ltd

waamo

The BPA standard line is to force a cancellation if a ppc is caught out. This apparently makes everything fine and no need to take further action.

ecofool

My response to BPA.

Thank you for enquiring into this matter.

I am not surprised although disappointed with the lack of further investigations.

From the information they sent me, One Parking Solutions (and ZZPS) know all the rules very well and know how to operate within them, they are not fools.

I am not persuaded it was an error I think it would be easy for you to ask for some specifics such as the number of people affected by this error and for you to insist that all of them be compensated. I have no interest in this information except that your email should mention the actions you would take, but action (apart from the cancellation of my invoice) is missing from your email which is, as I say, disappointing.

I appreciate you are a humble employee so decisions were no doubt made by people above your paygrade, but fairness and transparency should be a high priority for the BPA

Put another way if your members can operate unfairly then if investigations do get more serious BPA could be implicated and that would be financially and reputationally damaging to BPA.

Again thank you for investigating this promptly.

waamo

Complain to the DVLA and your MP. Your complaint should include concerns about the BPAs conduct and lack of action in this. Make sure the DVLA are aware your MP is being involved as they have been under the spotlight recently.