One Stop Shop, Perry Barr (Park Watch): Not Parked Wholly Within Bay

Fruitcake

mar_uk said:

Fruitcake - 'Complain to the BPA that the NTD states the name and address of the driver must be given.' Thanks for that. But I guess this comes after the appeal? At work now - will compose properly, here is my revised appeal letter based on all responses so far (thank you), to be sent via email as stated on the ticket on 25th Day (30th July):

You issued a parking ticket and attached it on my car on 05/07/2020.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner, my local MP and warn others of such behaviour, in the event that you decide not to waive the charge. Also, I will complain to the BPA that the windscreen charge notice states that the name and address of the driver must be given, which you are not allowed to say that.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence, especially when I believe in the principal of ‘"The law does not concern itself with trifles" truly applies here. Therefore, you must include a CLOSE-UP ACTUAL PHOTOGRAPH of the sign you contend was at the location on the material date as well as your images of the vehicle including:

-          Prominent, clear & legible signage through where the driver entered the car park, as it  has several entrances, and it is free parking, so realistically no one would check small prints that may potentially exist, and of course, so no such restrictions are communicated via ‘permit’ as mentioned on the windscreen ticket.

-          All sides where the vehicle was allegedly parked at the time (opposite, left & right). This should show any potential obstructions or other concerns that may have contributed to the decision-making process of parking like a Trolly Bay or Trolleys. Also, determine whether the amount that have been charged is based upon any genuine pre-estimate of loss to your company or the landowner.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on-site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

You guess wrong.

I said,

"Complain to the BPA that the NTD states the name and address of the driver must be given. They are not allowed to say that. Include a copy of the NTD, but send it from the keeper.

Then, read the sticky thread for NEWBIES that asks everyone to read it first, put a note in your diary, and send the appeal template in blue from the NEWBIES, unaltered, from The Keeper, to arrive around day 26."

Note the order in which I wrote Complain ...  and Then ...

I have corrected your appeal for you. Now please do as has been suggested several times.

Blue template, in the NEWBIES, unaltered, from The Keeper, and instructions how to find the NEWBIES. The blue template only has four paragraphs, so don't go mucking about with it.

mar_uk

Fruitcake, thanks again.will complain using https://portal.britishparking.co.uk/compliance/LogComplaint, am I expecting anything from it?

Sorry, this is the first time I have dealt with private tickets, and trying to make sense of where all this is leading to.  I am expecting most likely the appeal will be rejected. Previously when I dealt with the council., they send a form and you go to the adjudicator? If there are any mistakes, you highlight it and so on. How does it works with private charges? . I would assume they will send a rejection letter, and then that eventually it goes to POPLA. So what would be my arguments other than they forgetting to send Notice to Keeper (NTK)? Any other arguments at that stage that I can use?

One more thing, I am not seeing what you have corrected for me? Does the bold applies to my case?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Fruitcake

The complaint to the BPA is to point out that one of their members is being naughty and should be given a slapped wrist. One poster did this and the scammers were instructed by the BPA to change the wording of the PCNs in future. It took several complaints, and explanations in words of few syllables before the BPA were able to get it through their heads why it was wrong, but the poster got there in the end.

In your complaint, say that the driver has handed the PCN to the keeper to deal with, which is why you are complaining as keeper that the PCN prevents you from doing this, (or similar wording).

The NEWBIES explains the whole process for both BPA and IPC member scammers. There is only one appeal template in blue text in the NEWBIES.
It consists of four paragraphs.

You can omit parts of it if you believe they don't apply or you can leave them in. It doesn't matter and very rarely makes any difference.
My advice was to send it unaltered. It's entirely up to you if you want to ignore that advice.
It's whole purpose is to let the scammers know you are getting help from this forum, and to get a PoPLA code from a BPA member. They see the template, they recognise it, they know you are getting help from here, and will act accordingly. If you mess about with it you may remove something important, or it may make the scammers think this person isn't following the MSE advice and so might think you are an easy target.

The third post of the NEWBIES explains the PoPLA process and has many template appeal points ready to use. When you get to that point, post your draft here for checking before you submit it, but you are weeks away from that.

Don't forget to complain to your MP about this unregulated scam.

mar_uk

Thanks Fruitcake, appreciate it.

I have lodged a complaint now and will send the template as it is on 30th July (25th Day) via email

Will come back again once I hear from them.

Thank you and everyone again for your advise so far, appreciate it..

mar_uk

Well, so far complaint failed with One Stop, now seems like BPA one as well. Not looking good, lol

"Thank you for contacting us.

Defence Systems Limited t/a Park Watch is a member of our Approved Operator Scheme, which means that they must follow our Code of Practice (available on our website, under Public Advice).

 As per our Code, the keeper will have 28 days to either transfer liability to the driver, appeal or pay the charge. If you don’t wish to transfer liability to the driver, the operator may seek to recover the charge from you as the keeper. This is not a breach of our Code of Practice.

 Kind regards,

Compliance Investigations Officer

British Parking Association

"

Coupon-mad

Reply and say this has been escalated to Steve Clark because they are NOT allowed to say that appeals depend upon the keeper giving the name and address of the driver.

mar_uk

Coupon-mad said:

Reply and say this has been escalated to Steve Clark because they are NOT allowed to say that appeals depend upon the keeper giving the name and address of the driver.

Do you mean that I should reply and say this to be escalated to Steve Clark because they are NOT allowed to say that, appeals depend upon the keeper giving the name and address of the driver.

Ralph-y

yes

Ralph

nosferatu1001

They clearly have not answered your complaint, which is not about 
- how long you have to appeal
but that
- they cannot require the drivers name and address is given in orxer to appeal. Its pretty obvious!

mar_uk

Thanks guys, replied :-)

Dear Sofia,

Unfortunately, you have not answered my complaint, which is not about how long I can wait to appeal, rather its about the fact that it says that they require the drivers name and address to be  given in order to appeal.

I am sorry – can this be escalated to Steve Clark if need be?