FISTRAL BEACH, Newquay, Inital Parking.. please help!!

Umkomaas

Redx wrote: »

That is why we are waiting for the MP at the mhclg and Rishi Sunak ( if he still has the job ) to bring out the new rules and code of practice that the MP,s voted for

Nope, he's gone, now he's the Chief Secretary to the Treasury.

This is the new line-up in his former department. Take your pick as to which one might front anything to do with the new Code of Practice - if anyone will at all.

https://en.m.wikipedia.org/wiki/Ministry_of_Housing,_Communities_and_Local_Government

For sure, Rishi will have long forgotten it, he'll be too busy playing with his new Treasury calculator! :cool:

Le_Kirk

Steve Clark: -
[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

MinnieSox9

Hi, I emailed the contact address for BFA before I saw the above comment from Le_kirk and this was my reply from them. The BPA ��



“To give you some background of what we do 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.

Private parking operators must be members of an Accredited Trade Association (ATA) that are recognised by the DVLA to request keeper details. There are currently two ATAs in relation to parking on private land (the BPA and the IPC) and each ATA has its own Code of Practice.

It is unclear as to whether the operator in question is one of our Approved Operator Scheme (AOS) members; if you wish to check whether they are our members, you can do so by click here; to check if they are an IPC member please click here.

If the operator is an AOS member of ours I can confirm the driver, keeper or hirer is permitted to make an appeal – “22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to appeal the enforcement action. A keeper cannot make an appeal concerning the same incident if the driver has already appealed.”



Please note if they are members of the IPC you will need to contact the IPC to ascertain what their stance is on appeals.

If the operator is an AOS member of ours please provide us with a copy of the Parking Charge Notice (front and back) and the supporting evidence only the driver can appeal; we will investigate the matter further upon receipt of the evidence”


I looked on their website and under the AOS members “initial parking” is listed. So I have emailed her back to confirm that. I haven’t as of yet sent any copies of my NTK etc

Thoughts?

MinnieSox9

So I sent my appeal and my appeal got rejected, so now I need to do a POPLA appeal

Le_Kirk

Did they send you a POPLA code along with the rejection?

Fruitcake

MinnieSox9 wrote: »

Hi, I emailed the contact address for BFA before I saw the above comment from Le_kirk and this was my reply from them. The BPA ��



“To give you some background of what we do 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.

Private parking operators must be members of an Accredited Trade Association (ATA) that are recognised by the DVLA to request keeper details. There are currently two ATAs in relation to parking on private land (the BPA and the IPC) and each ATA has its own Code of Practice.

It is unclear as to whether the operator in question is one of our Approved Operator Scheme (AOS) members; if you wish to check whether they are our members, you can do so by click here; to check if they are an IPC member please click here.

If the operator is an AOS member of ours I can confirm the driver, keeper or hirer is permitted to make an appeal – “22.7 We consider it a reasonable timescale to allow 28 days from the issue of the parking charge notice (in whatever format you send it) to allow the driver, keeper or hirer to appeal the enforcement action. A keeper cannot make an appeal concerning the same incident if the driver has already appealed.”



Please note if they are members of the IPC you will need to contact the IPC to ascertain what their stance is on appeals.

If the operator is an AOS member of ours please provide us with a copy of the Parking Charge Notice (front and back) and the supporting evidence only the driver can appeal; we will investigate the matter further upon receipt of the evidence”


I looked on their website and under the AOS members “initial parking” is listed. So I have emailed her back to confirm that. I haven’t as of yet sent any copies of my NTK etc

Thoughts?

Did you forget to tell the BPA the name of the scammers? If so, send it again, naming IS in the title and your complaint.

MinnieSox9 wrote: »

So I sent my appeal and my appeal got rejected, so now I need to do a POPLA appeal

Assuming you have a PoPLA code, follow the advice already given to construct your appeal, making non PoFA complaint NTK your first point, then post your draft here for checking before you submit it.
As before, make absolutely sure you do not reveal the driver's identity.

MinnieSox9

yes they did, I have two Popla codes as have two appeals

MinnieSox9

yes I can confirm I informed the BPA the name of the company.


they replied '


I can confirm Initial Parking Limited are AOS members.

You advised there was no other option for you to be able to appeal as the keeper; in order for us to investigate this further we will need the supporting evidence.

The supporting evidence for the keeper not being able to appeal can be screenshots of you attempting to appeal as the keeper and you not being able to.

Please note with all appeals the driver, keeper or hirer can appeal; the methods to appeal for all three should be the same.

Can you clarify what you mean by no ‘other’ option?'


I sent them screen shots of the options in which they give me to appeal on the website, in which I feel is unfair, I was then replied with


'
Thank you for your reply.

After reviewing the evidence you have provided I note that you are able to select the option to appeal as the keeper.

Due to the option being available to you I am unable to determine a breach of our Code; if you wish to contest the charge you will need to follow the appeals process.

I hope the above information is of assistance to you.'


so that's all I managed to get from the BPA.
I'm just looking through the threads in regards to writing a POPLA appeal, and also informing the MP.


thanks again for all your help

Fruitcake

MinnieSox9 wrote: »

yes I can confirm I informed the BPA the name of the company.


they replied '


I can confirm Initial Parking Limited are AOS members.

You advised there was no other option for you to be able to appeal as the keeper; in order for us to investigate this further we will need the supporting evidence.

The supporting evidence for the keeper not being able to appeal can be screenshots of you attempting to appeal as the keeper and you not being able to.

Please note with all appeals the driver, keeper or hirer can appeal; the methods to appeal for all three should be the same.

Can you clarify what you mean by no ‘other’ option?'


I sent them screen shots of the options in which they give me to appeal on the website, in which I feel is unfair, I was then replied with


'
Thank you for your reply.

After reviewing the evidence you have provided I note that you are able to select the option to appeal as the keeper.

Due to the option being available to you I am unable to determine a breach of our Code; if you wish to contest the charge you will need to follow the appeals process.

I hope the above information is of assistance to you.'


so that's all I managed to get from the BPA.
I'm just looking through the threads in regards to writing a POPLA appeal, and also informing the MP.


thanks again for all your help

Whoever wrote that either doesn't understand the options given or is deliberately lying.

None of the options you were given apply.

I would go through each one and point out how they can't be used by a keeper. Say the same thing in your complaint to the DVLA.

MinnieSox9 wrote: »

hi, on their website I have to collect from a drop down menu and I am not sure what to pick


- I have a valid ticket/permit for the car park/site which was clearly on display I am the keeper. This only applies to the driver, so this option does not apply.
- my vehicle is permitted to park and is on vehicle exemptions list (whitelist) My vehicle is not on a whitelist, so this option does not apply.
- I had a pay and display ticket but may have entered the wrong or incomplete registration I am the keeper. This only applies to the driver, so this option does not apply.
- my vehicle was not in the car park at the time the contravention occurred My car was in the car park twice (double dipping) but no contravention occurred, so this option does not apply..
- I did not park for the stated time I am the keeper. This only applies to the driver, so this option does not apply.
- I was authorised to park I am the keeper. This only applies to the driver, so this option does not apply.
- there was no signage at the car park/location indicating any restrictions This applies to the driver. A keeper who was not in the vehicle at the time would have no knowledge of the signs unless they made an unfair visit after the alleged event to view them, so this option does not apply.

As I clearly said previously, there are no other options for a keeper who was not an occupant of the car at the time of the alleged event to select, unless you are suggesting that they lie.


no sure what to select, I am guessing the first one for the morning ticker will be did not park at the stated time, as persons inside didn't leave the vehicle etc


but not sure about the second time in the evening?

MinnieSox9

Amazing thank you! I’m trying to find a complaints email for the DVLA but can’t seem to find one?

I shall reply again to that woman with your responses and see what I get from her.

Very frustrating 🙄

I’m in the process of getting the information and quotes for my local MP.

And also for my POPLA appeal