PCN from Northwest Parking Management - but paid for parking?!

Summer_GR20

Hi

I was wondering if someone could please help? The keeper has received a PCN from Northwest Parking Management Ltd (NWPM). 

On entry to the car park in question at 12:00pm, managed by YourParkingSpace and NWPM, the driver called the number stated on the signs for YPS immediately, paid for 2 hours parking by telephone and received a text message from YPS asking the driver to confirm the VRN. Driver responded to the text with VRN and YPS responded by text to confirm it was accepted. Driver left the car park at 13:26, well within the two hour limit. Driver then deleted the receipt message a few days later since payment was confirmed as received and VRN accepted. 

Keeper then received PCN letter last week. Keeper contacted YPS asking for a receipt but YPS now saying they don't have any record of the transaction. Keeper is pursuing this with YPS urgently as they must have a record of the phone calls and text messages from that phone number. Driver has bank statement confirming the £2.00 transaction to YPS on that date, call log showing the call to YPS phone number and a phone bill showing the text response to the number from YPS.

Keeper appealed to NWPM stating the above and attaching the PCN, call log, bank statement and phone bill and explaining that the parking charge had been paid for etc believing this was just an error because the parking has been paid for. Driver was not identified and 'driver/keeper' language was used etc. NWPM responded saying the below:

'Unfortunately we are unable to deal with your appeal.

Please can you now provide the following information:

The actual YPS receipt, the attachments provided to not prove the correct payment was made for the parking session. You need to show the date / amount paid, the location and vehicle registration number payment was made for

This information is required within the next 7 days, if we do not receive the information requested above within this timescale we will not be able to respond to your appeal.'

As mentioned above, driver doesn't hold a receipt as this was deleted from their phone and YPS are not being helpful at all.

I have now read the Newbies thread and note the following:

1. No retailer to complain to
2. This was a postal PCN (NWPM are a BPA member from their website) so believe I need to use the 'one size fits all appeal' as registered keeper. 
3. They have also given the right to ADR with POPLA.

My question really is whether I should be following this route given that the charge was actually paid for. From reading the PCN it looks like they have complied with POFA. Having read through several threads for NWPM , I can't find a situation like this but I could be wrong.

Any help would be greatly appreciated.

Thanks

Coupon-mad

Complain to the BPA about their refusal to treat your appeal as an appeal.  That's not allowed!

Summer_GR20

Thank you, I will!

Summer_GR20

Can I just also add, the PCN doesn't actually state the period in which it is parked as required by POFA. It states the date and the time when the vehicle left the car park but then doesn't state the actual time of entry or the duration that the car was parked. Instead it states 'The period of parking for which this charge relates immediately precedes this date and time'. They've then attached pictures at the back on a separate white A4 showing the entry and exit times. 

Is this worth trying in an appeal or will the pictures be sufficient?

Le_Kirk

What happened when you complained to BPA?

Summer_GR20

BPA have not yet responded. I chased them up earlier today. It's been 7 days so not sure how long it takes but the case status still just says 'Open- logged'

Following the PPC appeals initial response, I responded to them highlighting the BPA code of practice and that they need to treat the appeal as such and assess the information provided.

Unsurprisingly, the PPC appeals dept said 'Your Parking Space will always provide a full receipt for the payment of a parking session, we request this information from the keeper/driver all the time.

I have placed the case on hold for 7 days to allow you to provide the information requested.'

If the driver had a receipt then why would keeper be appealing in these particular circumstances....

Fruitcake

Summer_GR20 said:

Can I just also add, the PCN doesn't actually state the period in which it is parked as required by POFA. It states the date and the time when the vehicle left the car park but then doesn't state the actual time of entry or the duration that the car was parked. Instead it states 'The period of parking for which this charge relates immediately precedes this date and time'. They've then attached pictures at the back on a separate white A4 showing the entry and exit times. 

Is this worth trying in an appeal or will the pictures be sufficient?

That will be part of Plan C (PoPLA appeal, [which is not ADR because it doesn't comply with the ADR Regulations 2015]), which you can't do until you have done Plan B (initial appeal to the PPC) and received a rejection with PoPLA code, which comes after Plan A (complain to the landowner).

The BPA complaint should have been done in parallel to Plan A.

Summer_GR20

Reading Newbies thread and the car park isn't a retail car park or anything like that, it was just a separate car park so not sure I can do plan A? 

I tried plan B by appealing to PPC on the basis of the actual circumstances as I thought that would be considered so instead I should be doing the one size fits all template?

Redx

Yes , the one size fits all template , if you are the keeper , plan B

But on private property , plan A should ALWAYS be done , regardless , no question about it

There is never any case in private land parking where plan A should not be tried , hence why it is plan A and not plan Y !!

Summer_GR20

I’m sorry I’m struggling to find from the thread how I find the landowner, it wasn’t a retailer and I’m not local to the area so I can’t find whose car park it is. Google maps images just says it is a private car park and I don’t recall the signs saying who the landowner was nor can I find on a google search

Redx

Asked and already answered today in this thread below yours , I just read it , originally posted by Umkomaas

https://forums.moneysavingexpert.com/discussion/6281251/enterprise-parking-ticket#latest