Missed all the early stages of appeal and now heading to court

nosferatu1001

Immediate BPA complaint
They have misrepresented their authority by copying a protected term "Notice to Owner"< which may only be used by a local authority. 

1505grandad

There is a para 36 which mentions NTO's in BPA CoP:-  (Scotland & NI)

"36 The process for recovering money due from unpaid parking charge notices

 36.1 If a parking charge notice, however it was served, has not been paid or challenged within the time allowed, you may take further management action to get payment of the amount due. All management action you take must keep to the Code. The stages of management action, and the requirements for each stage, are:

a Notice to Keeper/Owner (NTO)"

Umkomaas

1505grandad said:

There is a para 36 which mentions NTO's in BPA CoP:-  (Scotland & NI)

"36 The process for recovering money due from unpaid parking charge notices

 36.1 If a parking charge notice, however it was served, has not been paid or challenged within the time allowed, you may take further management action to get payment of the amount due. All management action you take must keep to the Code. The stages of management action, and the requirements for each stage, are:

a Notice to Keeper/Owner (NTO)"

I can't find that - neither the paragraph number, nor the phrase 'a Notice to Keeper/Owner (NTO)'. I'm reading the January 2020 version. The only 'Notice to Owner' phrase I can find is in Appx G which covers byelaw-affected parking cases.

1505grandad

OP said:-

"2. Subsequent letters stated I had until the 4th of December to pay £100.................."

Assumed 2019 so BPA CoP V7 applicable  -  hope you agree

Umkomaas

Thanks. I thought you don't ordinarily make mistakes. But I think I'd still fire off the complaint based on the 2020 CoP, as it would seem clear that the BPA have had to cull the previous references to NtO.  Let see how the BPA argue a way out of that. 

harmonicapapa

Thanks everyone, the complaint to the BPA has been sent off.  I would like to submit my WS today.  Can someone please have a quick look through what I have so far and flag any clear gaps in my logic?  

Castle

harmonicapapa said:

Thanks everyone, the complaint to the BPA has been sent off.  I would like to submit my WS today.  Can someone please have a quick look through what I have so far and flag any clear gaps in my logic?  

Why are you calling yourself the registered keeper in paragraph 3?

harmonicapapa

Castle said:

Why are you calling yourself the registered keeper in paragraph 3?

I've changed that to say that I Lease the vehicle.  thanks for pointing that out.

Coupon-mad

I would add that the claimant impersonated authority by serving a 'NOTICE TO OWNER' rather then a Notice to Hirer, and that 'NTO' is a term used by Local Authorities only.  Such misleading terms are banned under the BPA CoP and specifically mentioned in one of the Annexes in the new draft Code of Practice (quote it where the banned words list is shown - it talks about not using any term that impersonates a LA PCN or a NIP).

You will be commenting o the two consultations, yes?  You've seen our threads on them?

I've just added details about them to the NEWBIES thread post #2 and the TEMPLATE DEFENCE thread post #2. People like you, fighting an inflated charge, are the perfect people to tell the Government what needs to change!

harmonicapapa

  Such misleading terms are banned under the BPA CoP and specifically mentioned in one of the Annexes in the new draft Code of Practice (quote it where the banned words list is shown - it talks about not using any term that impersonates a LA PCN or a NIP).

I can't find the mention of the term Notice to Owner being banned in the 2020 version of the BPA CoP, but I did find these as banned (all of which they used on my letters):

•  Mention ParkingEye Vs Beavis (as this is not relevant and will confuse the owner about the situation in which they find themselves)
• Use the words “parking charge”, “parking charge notice”, ‘’Penalty Charge Notice’’ or “PCN” (as this is not relevant and will confuse the owner about the situation in which they find themselves) 
• Refer to keeper or driver liability (as this is not relevant and will confuse the owner about the situation in which they find themselves) 
• Say anything untrue or misleading