No appeal allowed by CUP. Can I complain to BPA?

KobeAlt

Hello
It seems like my friends/family all like putting themselves in situations where they keep receive parking tickets from private companies - so I'm here to ask for your advice again.

On the 25th June, my uncle received a "reminder" NTK from CUP enforcement for a contravention that occurred on the 14th May. The notice stated that he had 14-days to pay (no mention of him being able to appeal) even though he never received an initial NTK.

My uncle doesn't read or write English so by the time he brought the letter round to me the 14 day window had ended and the fine now stands at £130. I still appealed (on 10th July) with the template on this site and received a rejection:

Though I'm certainly not surprised, this infuriated me further and so emailed them the following:

"I must insist that you consider my appeal as I was not given 28 days notice to appeal as required by the BPA. Your letter outlines that an initial notice was sent on the 27th May. I reject this as I received no such letter on this date and the letter received on the 25th June does not reference any prior letters.

I fully insist that you consider my appeal and/or provide me with a 10 digit POPLA code. In my appeal I asked for photographic evidence of the vehicle and sign on the day that the 'contravention' occurred, however, I cannot see you providing these images in your response. 

In your letter you mention that your website details how a complaint can be made, however I found no such information. Please consider this my complaint."

Is it normal for these companies to lie about when they send NTKs? I'm assuming they forgot to send one and now they are trying to cover their backs. No reference to POFA2012 on their reminder NTK and the images they provided on it are ridiculous - can't see a number plate or a car for that matter. They are clearly desperate to make money post COVID.

Other than my local MP, should I complain to anyone else about this? Maybe the BPA? Or do I wait it out until they send court letters?

Thanks for your advice.

Umkomaas

Send CUP a SAR to elicit all the documentation sent to your uncle. It is his case and everything must be done in his name. Once you have all the documentation, you can then plan any complaints campaign.  

Please read the NEWBIES FAQ sticky, second post, to follow the precise advice on the entire SAR procedure. 

KobeAlt

Thanks, will do that.
It is and has been under his name the entire time, I'm just helping him along the way with any communication

Coupon-mad

This is the second CUP thread we've had in the past week where the first PCN was never received (never sent?).  

Complain to the BPA that there appears to be a pattern here and that CUP are not allowing a keeper a POPLA code.

Umkomaas

Coupon-mad said:

This is the second CUP thread we've had in the past week where the first PCN was never received (never sent?).  

Complain to the BPA that there appears to be a pattern here and that CUP are not allowing a keeper a POPLA code.

I wonder if the back office wasn't functioning at the time the NtK should have been issued (because of Covid) but now they're back, have switched on their computers which have automatically fired off reminders on all tickets >14 days old?

Just a guess .......

Coupon-mad

Email Steve Clark (search the forum).

D_P_Dance

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, 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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.