POPLA appeal Bp garage parking fine queue

Fruitcake

vickbson said:

Fruitcake said:

vickbson said:

Fruitcake said:

vickbson said:

Fruitcake said:

I'm surprised the driver allowed a scamtendant to stick a scamvoice on the windscreen if they were waiting in a queue.

You should also include frustration of contract, and queuing is not parking.

Have a look at this (old but still relevant) post from the Parking Prankster's blogspot, and quote the case and the judge's findings.

Parking Prankster: Waiting for a space is not Parking. ParkingEye lose in court. Beware of snakes at Fistral Beach (parking-prankster.blogspot.com)


3JD08399 ParkingEye v Ms X. (Altrincham 17/03/2014). Fistral Beach. The defendant spent 31 minutes waiting for a car park space during the crowded holiday season.

Have you complained to the CEO of BP

Received Notice to Register Keeper by post- wasn't on the windscreen

I am confused. If there was no NTD tbut there was a postal NTK, you cannot claim a NTK was never received. It must have been, Whether it was PoFA compliant is another matter.

If a NTK was received, was it PoFA compliant? If not, how did it fail?

Did it arrive by day 14 as per para 9 (2) (f) of the PoFA, the date of the alleged event being day zero, and did it include the mandatory warning beginning with something like, "If after 28 days beginning with ..."?

Postal NT Registered Keeperarrived 05/03 ( no NTD was ever received)

Date of appeal 29/03

Met parking rejected 06/04 with POPLA code to appeal within 28 days

Appeal to Met parking services was submitted using the template on the newbie thread.



POPLA appeal should be on the basis below and using templates on newbie thread?

(1) The Notice to Keeper is not complaint with FOFA 2012- NO keeper liability.
(2) The event did not occur

(3) No standing or authority to pursue charges nor form contracts with drivers
(3) No evidence of Landowner Authority - the operator is put to strict proof of full compliance with BPA Code of Practise

(4) Insufficient evidence of the alleged contravention

-The photos shown online can clearly be seen the car wasn't parked but waiting can on the queue .

(1) No idea. You haven't told us if the NTK was or wasn't PoFA compliant. That's why I asked,

Did it arrive by day 14 as per para 9 (2) (f) of the PoFA, the date of the alleged event being day zero, and did it include the mandatory warning beginning with something like, "If after 28 days beginning with ..."?


(2) Yes, but add, The vehicle was not parked and quote the court case I referred to earlier. Waiting in a queue for a car wash is the same as waiting for a space.


You have two number 3s. Yes to both but swap the order.


(4) No, this is a repeat of (2)


You need to include points 2 and 4 from your initial post.

Yes, NTK arrived by 14 days . To be honest I don't even know what  PoFA compliant is .

Thanks for you input . Much appreciated. 

A driver is always liable, if the scammers know who it is.

In England and Wales a keeper (registered keeper or day to day keeper) or hirer/lessee may be liable if the scammers have sent a NTK that meets the requirements of the PoFA with regards to timescales and include mandatory wording, (and include additional documents for a hire/lease vehicle.) This will also apply in Scotland in the near future.

In your case the NTK arrived within the timescales specified by the PoFA. If it had the mandatory wording then it will have been PoFA compliant. If it didn't have the mandatory wording, it probably wasn't PoFA compliant. You can show us a redacted copy if you wish by uploading it to a web hosting site such as postimages, dropbox, tinypic etcetera, then post the URL here, but change https to hxxps because Newbies can't post links.

If the NTK is PoFA compliant, then remove your point 1.

vickbson

hxxps://postimg.cc/0rTzJrbG
hxxps://postimg.cc/kV00yr8H

KeithP

vickbson said:

hxxps://postimg.cc/0rTzJrbG
hxxps://postimg.cc/kV00yr8H

Your live links...
https://postimg.cc/0rTzJrbG
https://postimg.cc/kV00yr8H

No need to mask your links. You have been here long enough to post live links.

Umkomaas

You didn't seem to update us on your PCM UK case from last year.  What happened there?  You had quite a bit of help with it from the forum.

vickbson

 Meanwhile, how do I complain to Bp eco? Can anyone help to draft a letter please. Wanted to message him and complain on his instagram page this morning but though it's a bad idea .

Fruitcake

The NTK is PoFA compliant.

I would use email. Just tell him what happened. Put unfair parking charge at *location* BP garage in the heading

Sir,
My car *insert VRM* was in a very long queue waiting for a car wash at *insert location of BP garage* on X date. On Y date, I was very surprised to have received a parking charge notice by post from an unregulated parking company *insert name of scammer* despite the fact that the car was not parked. UK MPs across all political parties have referred to these unregulated companies in open parliament as scammers, rogues, and bloodsuckers, and new legislations is going to be introduced to stop this exact sort of behaviour. The parking company have even provided me with a photo' of my car whilst in the queue.

Please arrange for the charge to be cancelled.

PCN number NNNNNN

Yours faithfully
vickbson
Registered keeper.

Do this asap, before you submit the PoPLA appeal, but do not miss the PoPLA appeal deadline.

vickbson

*Ticket cancelled*

 Dear .....

 

Thank you very much for your email to us about the parking ticket received. I am a member of our Executive Team and I am responding on his behalf. 

 

We have introduced parking restrictions at a number of our Company Operated Stores in an effort to make sure there are always parking spaces available for our customers. Parking restrictions have proved necessary because of problems ranging from minicab drivers using our car parks as waiting bays between fares, to people leaving their cars for several hours while shopping or using nearby amenities, however it’s never our intention to charge our customers who use the site for our services.

Due to the facts of your case, we have cancelled the outstanding ticket and confirmed the cancellation with MET parking.

 

Thank you for taking the time to bring this matter to our attention and I hope we will be able to enjoy your valued custom in the future.  

 

Kind regards,

XXXXX

bp Customer Care

vickbson

Thank you ALL very much for your help in particular @Fruitcake for your kind guidance in drafting the letter above. You're a STAR !

Le_Kirk

Well done - a load off your mind.

Redx

Well done , plan A worked again