Request for charge cancellation or POPLA code didn't work

Fruitcake

vodevil wrote: »

Hello, I received a PCN (notice to driver) from One Parking Solution after leaving my rented car for less than 10 minutes in one of their car parks (initial objective to visit a town, which we gave up on).

I've read the forum guidelines, example letters and similar cases and built my own response (below), which I sent to them, not confirming I was the driver (as I've seen mentioned several times on this forum).



Around two weeks later I received a letter from them refusing to cancel and denying an appeal and saying they will revert to the registered keeper, the owner of the vehicle:



So at this point I have no idea what to do now. Can/ should I still do something about it? Or should I just give up on it and pay before it gets worse?

Thank you for your help.

You need to urgently tell the lease/hire company that you are dealing with this and they must not pay the charge under any circumstances and/or transfer the charge to you.

As long as they, the hire/lease Co have told the parking scammers that you are the hirer/lessee as per the PoFA 2012, they, the hire/lease Co are not liable for the charge.

If they have not told the scammers who the hirer/lessee was at the time of the alleged event that is their problem not yours. The PoFA has been around for seven years so they should be fully aware of it and how they must comply with its requirements.

In addition, if they are a member of the BVRLA (hire/lease company ATA) they will also know they must comply with the PoFA and not pass on the charge to the hirer/lessee.

Once you have done this, you should complain to the BPA and the DVLA that the scammers have refused your appeal as hirer/lessee and have refused to give you access to PoPLA which is your right in accordance with the Alternative Dispute Resolution ACt 2015.

You should also complain to your MP about his unregulated scam. If they are standing for re-election you could suggest their response will help you decide who you are going to vote for.

vodevil

Le_Kirk wrote: »

Looks like it is a car park for BRC services and the rest are indistinguishable - Street View won't zoom in close enough to see.

The other bays say "Pay and Display"

vodevil

I contacted the hire company telling them I'm dealing with this.

I tried to use their online appeal service again and apparently it does not seem like I can post a reply or another appeal. When I try it just says "Unfortunately you are unable to appeal this charge at this time."

Also the communication I got from them is from an "outgoing server only", so I cannot reply by email either, leaving me only with the snail mail option. Their communication says that the "Appeal decisions are final and cannot be discussed over the phone." so I'm not even sure if they will ever reply to post communication now or take it into account.

Looks like they're making it as difficult as possible to take matters further.

vodevil

The_Deep wrote: »

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

I live in London, not in Lewes, so my MP is not the same one for the area where the car park is. Is it still worth it complaining to my/Lewes MP?

Umkomaas

Looks like they're making it as difficult as possible to take matters further.

Get the BPA to sort them out.

steve.c@britishparking.co.uk

You may be referred to the BPA’s complaints portal, use that if you're asked to.

Fruitcake

Complain to your own MP with a copy to the MP where the alleged event occurred.

Please do make the complaints to the BPA and DVLA as well.

vodevil

Will send complains to MPs, BPA and DVLA as advised, thanks.

Will also send this by post to OPS:

I challenged this 'PCN' as lessee of the car. I received communication from you saying that you sent me a "Notice to Driver" and that I denied being the driver, so you're unable to consider an appeal.

First of all, you should have issued a "Notice to Hirer" rather than a "Notice to Driver".
Second, I neither confirmed nor denied being the driver, so you should make no assumptions as to who it was.

As the lessee of the car, I request you to either cancel the charge or issue a POPLA code, which is my right in accordance with the Alternative Dispute Resolution Act 2015.

Further complaints will follow to Lewes MP, BPA and DVLA about this illegal and immoral procedure on your part.

Umkomaas

Second, I neither confirmed nor denied being the driver, so you should make no assumptions as to who it was.

Leave that out. Just confirm you were the hirer (use my words above).

As the lessee of the car,

Is the car actually leased to you? Keep your position consistent throughout.

Further complaints will follow to Lewes MP, BPA and DVLA about this illegal and immoral procedure on your part.

They've done nothing illegal - which law have they broken? I'd keep away from subjective judgement about 'morality'. Remember, whatever you write might be read by a Judge further down the line.

vodevil

Is the car actually leased to you? Keep your position consistent throughout.

I am the one that signed the car rental agreement, if that's what you mean.

They've done nothing illegal - which law have they broken? I'd keep away from subjective judgement about 'morality'. Remember, whatever you write might be read by a Judge further down the line.

By illegal I am referring to them not giving me the POPLA code. Should I not mention that?

MistyZ

Don't state anything which is untrue. If you signed the agreement with the lease company, then you are the hirer so state that because it's true. Leave the driver out of it unless quoting from or referring to PoFA.

I doubt very much that it's actually illegal to not provide a POPLA code.