TPS - Appeal Requesting Info of Driver

Jinef

Hi MSE Forum,

I received a new parking ticket from my own workplace a few weeks back. This was frustrating as I pay several hundred pounds a year for this permit and what happened is there was a crossover period between the permit years and I was caught on ANPR in the administrative gap of me not applying for the new permit early enough. I contacted my employer in the first instance to see if they could cancel it however they stated they wouldn't. Anyway I appealed it on the off chance it would work from the keeper perspective as this was via ANPR and notice went to keeper.

They have responded with this:

"Thank you for your correspondence, the contents of which has been noted. In order for us to look into this matter further, please provide a written, signed statement from the driver granting authority for you to appeal on their behalf. Please ensure that the following details are included with the statement: the name of the person who has permission to appeal on the driver's behalf, the parking charge reference number, the vehicle registration number, location of where the contravention occurred and the date of when the contravention occurred. We look forward to hearing from you within 10 days. Yours sincerely, Parking Control Department"

I couldn't see advice around this in the standard thread and i'm not sure what authority they have to demand this within 10 days? Can I continue to appeal as just the keeper which may give more protections?

Herzlos

It sounds like they are fishing to get you to out the driver.

I'd just reply stating that you are the keeper and POFA 2012 doesn't require you to identify the driver, nor any inference can be made.

Had you applied for the new permit before the old one was expired, and thus you're looking at claiming frustration of contract - you or the driver couldn't do anything to expediate the application, on top of all the usual stuff.

Jinef

Thank you Herzlos. Sadly it was an administrative oversight on my behalf (due to remote working and forgetting about applying for the new permit so there was a few days between being captured on ANPR and clicking for a new permit on our electronic intranet system.

Herzlos

In that case the owner (and not whoever the driver was) should just appeal on the standard points.
The owner could also add that the car normally has a permit which had lapsed and since been renewed so there's no material loss.

Can cars park there without a permit, for an hourly/daily charge? If so, they could argue that they lost revenue but it'd be limited to the visitor rate.

Jenni_D

Please ask a board ambassador (?) to move this to the Parking board. In the meantime, please read the NEWBIES FAQ thread that is there.

Jinef

No it's only for cars with a permit. Which I now have and had a valid permit prior to this one. It was just the transition period between them.

KeithP

As Jenni_D says, your best bet is to get this thread moved to the Parking tickets board.

Perhaps the easiest way to make that happen, is to simply hit the Report button -  - below your post and ask for the thread to be moved.

MSE_ForumTeam5

This thread has been moved

Coupon-mad

Is this Total Parking Solutions?  BPA AOS?

If so - and assuming you are appealing as the registered keeper named on the PCN - you are perfectly entitled to appeal.

AOS members are NOT ALLOWED to suggest that an appeal is dependent upon the driver's details being supplied:

"Thank you for your correspondence, the contents of which has been noted. In order for us to look into this matter further, please provide a written, signed statement from the driver granting authority for you to appeal on their behalf. Please ensure that the following details are included with the statement: the name of the person who has permission to appeal on the driver's behalf, the parking charge reference number, the vehicle registration number, location of where the contravention occurred and the date of when the contravention occurred. We look forward to hearing from you within 10 days. Yours sincerely, Parking Control Department"

Send that to Sara Roberts, Head of AOS:

sara.r@britishparking.co.uk

...and tell her that the good folk on MSE Forum sent you with this complaint, and we would like the BPA to remind AOS members of the BPA & DVLA joint statement in 2014:

https://forums.moneysavingexpert.com/discussion/comment/64401866/#Comment_64401866

"The following message has now been issued by the BPA to all of their members...

“the following practices may be considered as Code breaches and must not be continued:

-
- Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “
I am hoping that this type of incident will not be occurring any more.

I wish to thank you of bringing this matter to the DVLA’s attention and ultimately, the BPA’s."