Assistance with Appeal against Alliance Parking PCN

Varnesh

I am trying to assist my in laws with a PCN they received from Alliance Parking UK Ltd.

They did park at Travone Beach on their holiday, but didn't see signs or a place to pay (I wasn't there, so can't verify it, but they certainly didn't see any).

They have a £100 invoice (£60 if paid before tomorrow and £170 if paid after 24 November).

I have attempted to appeal on their behalf (I've got written authority) on the basis of insufficient signage. Their appeals form on their website requires you to indicate with a checkbox (with no other options) that you were the driver who parked the vehicle. Further in, there's another form where there is an option to state that the appeal is being made by the keeper, not the driver. I submitted the appeal on the basis that the person appealing (as their representative) is the vehicle's keeper only.

I received a reply saying their policy is to only consider appeals from the driver.

I appealed again saying that the issue of signage can be addressed without knowing who the driver is. And that as their invoice is to the keeper, they should consider it. Again, a reply (with lots of passive aggressive bold sections, saying their policy is non negotiable).

I am just wondering what my next step should be. (Their invoice has an IPC logo on the bottom). To take it forward, I believe I have to have exhausted their appeals process, but they won't consider it without knowing who the driver is. I don't want to give that information.

I've read various threads here, and apologies if I've missed something, and I'm not sure what to do next without admitting who was driving (which elsewhere is suggested is a bad idea). My inlaws are elderly, and while it's left a bad taste in their mouth and they don't want to pay on principle, they are nervous enough that they would pay just to stop any worries. I certainly don't want to do that at least until I get a reply on their appeal?

Any advice is greatly appreciated. Please forgive any lapses in knowledge of the correct procedures!

D_P_Dance

I received a reply saying their policy is to only consider appeals from the driver.

Are you sure about that?  They are also obliged to accept appeals from the registered keeper.  They will not accept replies from a third party  

Has the reciient of the NTK complained to his/her MP?   Have you read the newbies?

Varnesh

I have read the newbies. My mention of apologies in the original post if I have missed something relate to me potentially missing something in that very thread. If I have, then it's because I'm confused, not because I haven't tried, honest!

Their letter stated that they won't accept appeals from a third party. It also says they won't accept appeals from the registered keeper. In the case of the third party - I have sent them a letter giving me authority to deal with it on their behalf. Prior to that (understandably), they wouldn't engage in any correspondence. After I sent it, they have been replying to me. So I hadn't thought that that was the sticking point. Plus, it suggests even if the keeper appealed in person (rather than me on their behalf) they wouldn't consider it. Their letter says:

We are in receipt of your submission in relation to the above Parking Charge.

As detailed in our Notice to Keeper and website, we cannot process appeals from a third party; including the Registered Keeper (or their representative) at this time.It is noted that you have indicated that Mr X was the driver by clicking the check box and submitting the appeal; however, you have de-selected 'Driver' and selected 'Keeper' from the dropdown menu (therefore, your submission is inconsistent).

If Mr X was the driver that parked the vehicle, please re-submit the appeal confirming that this to be the case.

Fruitcake

The OP is correct. The online appeal form has a tick box for driver, and the from cannot be submitted without selecting it. This is the second one like this that we have seen within the week.

Send the initial appeal in blue text from the NEWBIES sticky Announcement. Send it unaltered from The Keeper by first class post from a Post Office counter, and obtain the all important proof of posting.

Complain to the IPC as keeper that there is no option available for the keeper to appeal.

Complain to The Keeper's MP about this unregulated industry.

D_P_Dance

OK tick the box marked I am the driver then beneath strenuously deny it.  Then a complaint must  be made to the ATA, also Trading Standards and your MP.  

Varnesh

Fruitcake said:
Complain to the IPC as keeper that there is no option available for the keeper to appeal.

Complain to The Keeper's MP about this unregulated industry.

Thank you. I had done the latter and have just done the former.

D_P_Dance said:

OK tick the box marked I am the driver then beneath strenuously deny it.  Then a complaint must  be made to the ATA, also Trading Standards and your MP.  

Thank you. For trading standards - the obligation to accept appeals from the registered keeper you mentioned. Could you tell me where that obligation is stated, so I can point them to it?

D_P_Dance

Read schedule 4 of POFA.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Fruitcake

Varnesh said:

Fruitcake said:
Complain to the IPC as keeper that there is no option available for the keeper to appeal.

Complain to The Keeper's MP about this unregulated industry.

Thank you. I had done the latter and have just done the former.

D_P_Dance said:

OK tick the box marked I am the driver then beneath strenuously deny it.  Then a complaint must  be made to the ATA, also Trading Standards and your MP.  

Thank you. For trading standards - the obligation to accept appeals from the registered keeper you mentioned. Could you tell me where that obligation is stated, so I can point them to it?

I strongly advise you not to tick the box, but to send the appeal by post from a Post Office instead.

Varnesh

D_P_Dance said:

Read schedule 4 of POFA.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

So they're required to "inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available"

And in this case, by refusing to consider an appeal from the keeper, they're saying there is no arrangement for the resolution of disputes.

D_P_Dance

I strongly advise you not to tick the box, but to send the appeal by post from a Post Office instead.

I have no problems with that. 

Fruitcake

Varnesh said:

D_P_Dance said:

Read schedule 4 of POFA.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

So they're required to "inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available"

And in this case, by refusing to consider an appeal from the keeper, they're saying there is no arrangement for the resolution of disputes.

On the one hand, PPCs and their ATAs say they comply with the ADR Regulations, but on the other hand they only allow 21 or 28 days to make a second stage appeal. The ADR Regs 2015 say this should be not less than twelve months.

You are dealing with an unregulated industry, and they make up their own rules to suit themselves to the detriment of motorists.

However, by not allowing the keeper to appeal, I think they would struggle to invoke keeper liability and convince a judge that the keeper could be held liable.