Breach of KADOE complaint to DVLA

jabfish

Hi All

 

Grateful for any advice regarding a current KADOE complaint to DVLA regarding a PPC (associated with IPC), as well as assurance I am following correct process in dealing with the PCN please.  This is all very new to me so I have no doubt made errors - apologies in advance.

 

Background:  I received a NTK (no NTD on windscreen) advising of a PCN due to “no trace of payment”.  I checked my bank transactions and can see I paid for 2 hours parking within 5 minutes of arrival; we left after 1hr2mins so well within parking period.  I presume there was an issue with their machine capturing my VRN details correctly when I entered them into machine (aka entrapment!).  Naively, I used the PPC’s online appeal tool to explain that I did indeed pay for parking.  PPC sent a rejection letter (quel surprise).

At this point, I found the NEWBIE forum – I know, I know; should have checked it before appealing! 

 

The car park is in a Devon coastal village and so no obvious landowner but I have complained to nearby pub and hotel.  I have not escalated my appeal to IAS (IPC) as that appears to be a complete waste of time, albeit I have seen some conflicting advice here.  I expect to receive debt collector letters and will ignore.  Will post on this forum if/when I receive a claims letter. 

 

The NTK was received 19 days after the period of parking (no NTD on windscreen).  The letter states that date of sending to be 7 days after parking; clearly a fraudulent timestamp as even Royal Mail don’t take 12 days to deliver a letter!!  I have complained to DVLA regarding POFA and breach of KADOE.  Initially, DVLA advised that they consulted the PPC and that “they have not stated that they are pursuing you under POFA”.  I replied and sent DVLA a photo of NTK letter which states at top of first page “NTK made under the POFA 2012”!!  DVLA now agree with me that Schedule 4 of POFA means PPC must deliver NTK within 14 days….but DVLA advise me to contact PPC directly to resolve further.  I realise breach of POFA doesn’t mean PCN is void but what should my next steps with DVLA be?  Push the DVLA to take action to suspend access to its driver database for this PPC?  Anything else?  If DVLA did consult PPC and PPC incorrectly advised they didn't use POFA in correspondence, is there any further action I should take regarding this?

 

Do I raise the NTK POFA issue directly with PPC or IAS (or anyone else) at this stage?!

 

Grateful for any advice please.  Ive tried to research as best I can but have very limited knowledge.  Am absolutely furious that this scamming/entrapment is allowed to happen!  Many thanks.

D_P_Dance

Have you complained to your MP?

Coupon-mad

Which PPC?  Email them a SAR and ask specifically for the PCN HISTORY.

If you are in time, try IAS but ONLY if it's the free version available for just 21 days from rejection letter.  Send them any evidence of paying and state that it seems to be a keying error for which you would expect evidence and a cancellation because the payment can easily be attributed to the right vehicle, using standard 'fuzzy whitelist' Zatpark technology.

jabfish

D_P_Dance said:

Have you complained to your MP?

No, not yet but will do.  Thanks for advice.

jabfish

Coupon-mad said:

Which PPC?  Email them a SAR and ask specifically for the PCN HISTORY.

If you are in time, try IAS but ONLY if it's the free version available for just 21 days from rejection letter.  Send them any evidence of paying and state that it seems to be a keying error for which you would expect evidence and a cancellation because the payment can easily be attributed to the right vehicle, using standard 'fuzzy whitelist' Zatpark technology.

Premier Parking Solutions Ltd.  Thanks - I will email a SAR.

Yes, still within 21days so I will try IAS.  Great advice - thanks a lot.

Coupon-mad

Just so you know, winning at IAS is very rare but the way to do IAS is with lots if evidence but written in your own words, no templates, not like POPLA.

When the PPC respond with their prima facie case, always respond and respond like email tennis, until maybe they give up.

AnotherForumite

Coupon-mad said:

Which PPC?  Email them a SAR and ask specifically for the PCN HISTORY.

If you are in time, try IAS but ONLY if it's the free version available for just 21 days from rejection letter.  Send them any evidence of paying and state that it seems to be a keying error for which you would expect evidence and a cancellation because the payment can easily be attributed to the right vehicle, using standard 'fuzzy whitelist' Zatpark technology.

FYI Zatpark does not have Whitelist Fuzzy matching yet; despite promising it for years. 

jabfish

Coupon-mad said:

Just so you know, winning at IAS is very rare but the way to do IAS is with lots if evidence but written in your own words, no templates, not like POPLA.

When the PPC respond with their prima facie case, always respond and respond like email tennis, until maybe they give up.

Yes, have seen that it appears to be a kangaroo-court but will give it a go.  

Thanks again for all the advice.  

Jenni_D

FYI - the poster above you is a self-acknowledged PPC employee (owner?). You may wish to bear that in mind with any future "advice" they may offer.  

jabfish

Jenni_D said:

FYI - the poster above you is a self-acknowledged PPC employee (owner?). You may wish to bear that in mind with any future "advice" they may offer.  

Ah right, good to know!  Thank you Jenni_D.

Coupon-mad

AnotherForumite said:

Coupon-mad said:

Which PPC?  Email them a SAR and ask specifically for the PCN HISTORY.

If you are in time, try IAS but ONLY if it's the free version available for just 21 days from rejection letter.  Send them any evidence of paying and state that it seems to be a keying error for which you would expect evidence and a cancellation because the payment can easily be attributed to the right vehicle, using standard 'fuzzy whitelist' Zatpark technology.

FYI Zatpark does not have Whitelist Fuzzy matching yet; despite promising it for years. 

Yes they have promised it for years.  Some other providers have that capability already.

Yet Zatpark say in this article that they already provide a version of that technology to stop ticketers making typos:

https://zatpark.com/casestudies/britannia-parking

The IPC said in Marking the Lines

https://theipc.info/brandings/2/resources/documents/Marking%20the%20lines%20v1%2014102019.pdf
"We support parking operators’ use of technology to maximise operational and commercial efficiency provided it is of mutual benefit the motorist.''

If an app exists that reduces errors caused by your so called 'wardens' when inputting a VRM, then that should be used for consumers alike.  

If not, why not?