UPDATE Response to CP Plus NTK & advice needed...hoping CouponMad or other expert would look

nosferatu1001

Why? The BPA are not a regulatory or stat body. They are a members club, explicitly set up to give their members a larger voice and to adfvance and protect their members interests
They have zero interest in the consumer except as a piggy bank
They should not exist and certainly shouldnt have the quasi legit status the DVLA affords them, just so the DVLA can con people into thinking theirr £2.50 a time to sell your data is legit

Umkomaas

Legally I'm not clear on what standing the BPA's Code has as it appears to be a best practice guide rather than a contract 

HHJ Claire Jackson summed up the status of the ATAs' Codes of Practice nicely when she remarked in para 21 of her judgment in Excel v Wilkinson:

..... not a creature of statute

However, The Supreme Court, in ParkingEye v Beavis, stated: 

And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.

One would use that which suits best. Where a PPC prays in aid the Code of Practice, HHJ Jackson comes in handy. Where the PPC is evidently diverting from the CoP, The Supreme Court assists. Take for what they are.  Use advisedly. 🙂

SpanglyBex

Umkomaas that is good advice, thank you very much. 
It's now Day 40 since my appeal was submitted and I have had no POPLA code or response, other than the aforementioned email asking me to submit the driver's details "for our records". So in goes my complaint to the BPA! I will keep you all posted...
(Any suggested wording or points to include in my complaint very gratefully received). Thanks!

Coupon-mad

Just say it like it is.

SpanglyBex

Update...a very strongly worded complaint to the BPA and cc'ing it to CP Plus has resulted in an email from the parking company confirming my charge has been cancelled in full. Thank you so much to everyone on here for your invaluable advice!

Umkomaas

SpanglyBex said:

Update...a very strongly worded complaint to the BPA and cc'ing it to CP Plus has resulted in an email from the parking company confirming my charge has been cancelled in full. Thank you so much to everyone on here for your invaluable advice!

Very good news, well done. 

Any chance that we could see what you said to the BPA, please?

SpanglyBex

Sure, no problem...here it is:

"Dear Sirs, 
Further to correspondance with your members CP Plus trading as Group Nexus, I should like to draw your attention to what I understand to be multiple breaches of your Code of Practice by CP Plus, and to therefore submit an official complaint. 

I furthermore request your assistance in requiring CP Plus to cease pursuing me as the registered keeper of the vehicle for unfair and grossly inflated costs, that have been added to their invoice in breach of your Code of Practice, and to take any sanctions as required by your disciplinary procedures. 

I received a Notice to Keeper from CP Plus dated 23/12/2020, received on 01/01/2021 and appealed online on 20/01/2021. I received an autoresponse confirming receipt of my appeal. 

The autoresponse contains the following information (see attachment 1):

Further action on your Parking Charge Notice has been put on hold - please wait to hear from us.

We aim to write back to you within 14 working days, but certainly no more than 35 days after your representation is received.

Please note that we are currently receiving a high volume of correspondence. The fact that you have received this auto response means that we have received your appeal, and will answer it as soon as possible. You will never be asked to pay a charge at a higher rate due to any delay on our part, and will always be given the opportunity to settle it at the rate it was at when we received your appeal.

Having duly waited for an aswer to my appeal as requested which has not to date been received, I have been alarmed and disgusted to receive not one, but two further letters pursuing me for payment, despite my appeal being still pending. Contrary to CP Plus's own correspondance these chase letters have BOTH shown a subsequent rise in the monetary amount being sought. The amount in question has risen to £100 and then again to £140 including "admin charges", which is clearly in breach of Section 23.6 of the current version of your Code of Practice, which states:
"When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the appeal." 

Furthermore, contrary to Section 23.8 of the Code, it is now more than 45 days since my appeal was submitted, but I have not received a response from CP Plus either confirming my appeal has been successful, or that it has been rejected along with the provision of an official POPLA code. This is another clear breach of the Code. 

You may be aware that on their website Group Nexus clearly demonstrate their affiliation to the BPA and I quote "As well as being members of the BPA (British Parking Association), CP Plus is a founder member of the BPA’s Approved Operator Scheme (AOS) and were instrumental in formulating the Code of Practise that bona fide car park management companies operate under and ensures that all drivers are treated fairly."  It would appear that as a member CP Plus are clearly failing to adhere to the guidelines laid out in the Code and tarnishing the reputation of the BPA through their actions. As well as a formal response to my complaint, I would like to request:

a) information on the next stages of your complaints process, including any steps usually taken to ensure compliance from your members following a breach of standards
b) assurances from yourselves and/or CP Plus that all attempts to pursue myself as Keeper of the vehicle with regards to this notice will be terminated immediately. 

Please note that is my intention to serve a copy of this complaint to both my local MP Laura Trott, and the DVLA.
I do hope a resolution can be reached in the very near future that will enable my faith in the BPA to be restored. 

Yours faithfully,"

Bit wordy but I wanted to spell it out for them!
 

Redx

That Laura Trott is a busy woman , seen her name on here recently with another parking company !!

Well done , the complaint option still worked , as a plan Aa , plan BPA , enforce your own CoP !!

Umkomaas

I think it was great that you quoted the actual paragraphs of the Code of Practice where CP Plus failed, much more surgical than a non-specific, general complaint that the PPC is failing to meet CoP standards. 

I particularly liked your bit about CP Plus being 'founder members' (or one of the first to board the gravy train! 😄). 

Coupon-mad

And GroupNexus are on the board, pulling the strings, so at this point in the MHCLG framework discussion they can't risk complaints like this.