Help with Dates pls ANP NTK Gemini BPA

Trainerman

Cashby said:

I realise I am in the clear but just wondered if they will go after the actual driver with their photograph. I have seen these big brother photo/face recognition programs on tv matching names to peoples photos.

Thank you for all the help.

No, really they cannot do that. Have a good sleep and enjoy the New Year and do not let that notion bother you

Umkomaas

Cashby said:

I realise I am in the clear but just wondered if they will go after the actual driver with their photograph. I have seen these big brother photo/face recognition programs on tv matching names to peoples photos.

Thank you for all the help.

Which National Face Database do you think they will access?  Or maybe they'll employ a private detective to visit shops and pubs in the locality with a grainy photo in his pocket asking 'Do you recognise this person?  Can you give me their name and address?'  Ain't going to happen!

Cashby

It seems I cannot respond to their words or kind extension of the appeal process on-line & I have no desire to send a recorded deliver letter to them so can I just ignore their appeal extension?

Coupon-mad

Cashby said:

It seems I cannot respond to their words or kind extension of the appeal process on-line & I have no desire to send a recorded deliver letter to them so can I just ignore their appeal extension?

Why on earth would you do that and leave yourself open to being sued later?

Just complain about this to the BPA or alternatively, send a normal letter (no-one ever tells anyone here to use recorded delivery).

Cashby

‘ Please send the evidence with your full PCN and VRN to APCOA Parking, PO Box 815, Wigan, WN1 9WX’

What is this VRN I am being asked to send please?

Grizebeck

Cashby said:

‘ Please send the evidence with your full PCN and VRN to APCOA Parking, PO Box 815, Wigan, WN1 9WX’

What is this VRN I am being asked to send please?

Your car reg....

Cashby

Parking Notice Canceled after appeal extended. Thank you clever people for your help. Mark up another success!

Coupon-mad

Very good - it is easy to beat APCOA!

Umkomaas

This was actually a Gemini parking ticket, but I guess their acquisition by APCOA means that APCOA will be taking over the appeals 'department'!  Ah well, that means Gemini tickets will be even easier to beat. 

Well done @Cashby.

Cashby

From: UK_Customer_Complaints@apcoa.com
Date: January 23, 2023 at 16:10:20 GMT
To: 
Subject:  - Update - BPA code of conduct, complaint

  

A0123-20606

Dear  Please see the below update to your request.   Incident type New Request Categorisation Customer Service Centre (UK) - UK Customer Complaints Incident date 15/01/2023 15:05 The update 23/01/2023 03:59 PM Jason Winstanley:  Thank you for your email dated 15th January 2023. Your complaint has been escalated to me to investigate and respond. Firstly, please accept my sincere apologies for the negative experience that you have had at one of our locations. Gemini's aim is to make parking your vehicle as convenient as possible so that you can go about your daily plans with as little intrusion on your time as possible. We appreciate that this is not always possible as our systems and payment methods rely on many variables out of our control to enable them to work efficiently. For clarity, Gemini Parking Solutions was acquired by APCOA Parking (UK) Ltd who took over all operational responsibilities from May 2022. Since the takeover in May 2022, Gemini Parking Solutions operate under the umbrella of APCOA Parking (UK) Ltd who enforce under the British Parking Association and agree to adhere to their 'Code Of Practice'. Regarding the timeframe to which you have referred to, this only relates to a PCN that has been issued under the Protection of Freedoms Act (PoFA) 2012. I can confirm that PCN was not issued under the Protection of Freedoms Act 2012 (PoFA), and therefore the timeframe to which you have referred to is not applicable in this case. Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) in their Code of Practice, and the timeframes differ to those set out in POFA 2012. This is addressed in the BPA 'Code Of Practice' under section 22.8, which states: "While we have an expectation that operators will seek to use the POFA legislation, it is appreciated that there will be occasions where this might not be possible. If a non-POFA Notice to Keeper is being issued it must be sent out as soon as possible and no later than 7 months after the original parking event." I can confirm that in your case, PCN  was issued to vehicle registration xxx a total of 15 days after the date of contravention and falls within the '7 months' stipulated in section 22.8 of the BPA 'Code Of Practice'. Gemini Parking Solutions operate a web-based Appeals Portal which offers motorists the chance to submit their appeal electronically at no cost to them. Our Appeals Portal prompts all motorist to upload evidence to support their appeal when selecting their 'Appeal Reason' from the drop-down list. In the event that the motorist fails to attach their supporting evidence to their appeal, our Appeals Team may request this evidence rather than simply rejecting your appeal on the grounds that no evidence has been presented. This is referenced in the BPA Code Of Practice under section 23.8 which states: "You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times" As stated on the correspodence sent to you on 30/12/2022 by Gemini Parking Solutions, supporting evidence must be sent via post to our Appeals Team to the address provided. Any evidence and additional information requested must be sent via post to our Appeals Team as they do not have the facility to receive inbound emails. Please note that once you have submitted an appeal via our web-based Appeals Portal, it will not allow you to submit a second appeal with supporting evidence as you can only submit one appeal per notice to Gemini Parking Solutions.  I can confirm that timeline of your appeal is as follows: 09/12/2022 - Appeal Received from registered keeper stating that they were not the driver on the date of contravention 30/12/2022 - Appeal Response sent requesting driver details and case placed on hold for 14 days to allow additional information to be received 11/01/2023 - Additional Appeal evidence uploaded to the case by one of our Customer Service Agents and notice placed on hold pending appeal decision 13/01/2023 - Appeal Response sent advising registered keeper that the appeal has been successful and the notice was cancelled Please note that it is the motorist’s responsibility to ensure that any supporting evidence is submitted with their initial appeal. Gemini Parking Solutions have taken measures to assist motorists by prompting them to upload supporting evidence as mentioned above. Submitting all evidence at the time of your appeal would have led to a more timely resolution to your appeal and would have avoided any further inconvenience to you. Our appeals team requested driver details as you stated in your appeal that this was not yourself on the date of contravention and the case was placed on hold for 14 days to allow you time to send the requested information. This information was received within this 14 day period after being requested (received after 12 days). I must make you aware that under Gemini Parking Solutions are lawfully authorised to recover unpaid parking charges from the registered keeper. This is detailed in section 21.1 of the BPA 'Code Of Practice', which states: "When a vehicle is parked in a private car park, the normal rule is that the driver is responsible for paying the tariff fee (if any) for parking, for following the terms and conditions which apply, and for paying any parking charges. Because of the difficulties of identifying who drivers are and where they live, the law in England and Wales now allows car park owners and operators to recover unpaid parking charges from registered vehicle keepers, or, where relevant, from vehicle hirers." However, on this occasion your appeal was accepted and PCN was cancelled.  To conclude, I can confirm that PCN was not issued under PoFA 2012 and therefore the 14 days timeframe to which you refer too does not apply in this case. Based on the evidence above, I conclude that Gemini Parking Solutions have not acted in breach of the BPA 'Code Of Practice' in your case. Kind regards, Jason Winstanley Escalated Complaint Handler Gemini Parking Solutions   Original request 15/01/2023 03:05 PM CSC Mail import - CSC UK Complaints:  Sender:  Date sent: Jan 15, 2023 3:03 PM To: ukcustomercomplaints@apcoa.com Subject: BPA code of conduct, complaint, [EXTERNAL EMAIL: Unless you know the content is safe, do not click links or open attachments] Hi, I notice in the BPA Code of conduct that: ‘ Operator Procedures 23.4 If a driver or keeper appeals a parking charge you must review the case and decide whether to: • uphold the parking charge and explain why it was issued and should therefore be paid, or • reduce or cancel the charge and take no further management action other than informing the driver.’ In my case the appeal was not dealt with in this way. The appeal was extended by 14 days. 1) There is no mention of extending the appeal process by 14 days (for your own interests) in the BPA conduct that I can find. Seemingly you are therefore in breach of this operational procedure. 2) The appeal extension added delay and put further onerous and costly tasks on myself to write to you a second time. 3) I had no option but to write to you via Royal Mail. There was no method to add to my appeal on-line (in contradiction to your email guidance). The appeal process for my notice was already shut. I look forward to your response to these 3 complaint points.