Parkingeye complaint. Failure to comply with BPA code of practice

Winging_it_22

Hi all,
wondering if anyone can help/direct me with a PCN I received back in August. I paid for a ticket but over ran by 30 mins. 

The letters went to an old address (I didn’t update my details with DVLA as I was selling the car anyway) I received one PCN to my new address and then appealed. The PCN didn’t acknowledge that I had paid for a ticket. 

My appeal was on the basis I had parked there to attend an appointment for my 13 day old baby to have a procedure, I then had to breastfeed her after and this is why I over ran. I was hoping they would accept the mitigating circumstances under the equality act 2010. 

I received a response which didn’t actually acknowledge my appeal it just stated “We note from your reply to our Letter Before Claim that you dispute the outstanding sum. We can confirm that we have now reviewed your correspondence, but it is our position that the Parking Charge remains due.”
I never received a LBCC and therefore never responded to it. So stated this in my reply to them and asked for a POPLA verification code so I could appeal further. I also asked for SAR and could see all correspondence was sent to my old address, they obviously found my new address but did not forward on all the other letters to me. 
I didn’t get a response about the POPLA verification code so sent the below email on 30/11/22:
 To whom it may concern,

You have failed to meet your legal obligation to provide me with a verification code within an acceptable time, despite me requesting in writing (see below email). 

You have failed to follow the British parking association code of practice section 23.8 

“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.”

•I received a letter dated 11/10/2022 with an enclosed parking charge notice, it stated I could appeal the parking charge.

•I submitted an appeal via your online appeals process on 16/10/2022 after receiving the parking charge notice through the post on the same day. You have failed to respond with a rejection of my appeal within 35 days. 

• on 26/10/2022 I received an email from yourselves stating “We note from your reply to our Letter Before Claim that you dispute the outstanding sum. We can confirm that we have now reviewed your correspondence, but it is our position that the Parking Charge remains due.”

•I did not receive a letter before county court claim as it was sent to an old address, therefore I was not able to reply to such letter. 

•your correspondence does not acknowledge my appeal. More than 35 days have passed since I followed the appeals process outlined in the parking charge notice I received on 16/10/2022.

As per the British Parking Association Code of Practice section 23.12 you have failed to “ tell the motorist how to make an appeal to IAS.This includes providing a template ‘notice of appeal’ form or a link to the appropriate website for lodging an appeal and a valid 10-digit verification code. Even if the verification code is automatically printed on an enclosed appeal form, it must still be in a prominent position on the first page of the rejection letter.

• give the motorist a reasonable amount of time”

•your response to my appeal did not include any information regarding an IAS or a verification code to allow me settle the dispute with POPLA. 

You have also failed to follow section, 23.12b which states

“Within all Appeal Rejection Letters, and in order to comply with the EU ADR Directive, the following wording should be used;

• You have now reached the end of our internal appeals procedure. [Insert standard operator text to appeal to IAS, including 28 day time limit for doing so, the IAS verification code and the IAS website address]

• By law we are also required to inform you that Ombudsman Services (www.ombudsman-services. org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to IAS, as explained above.”

•I have not been informed that I have reached the end of the internal appeals process. 

You have rendered me unable to follow the proper appeal process with POPLA. Your failure and lack of willing to follow the due legal process nullifies your requests for payment and I will consider this case closed.

It is expected you will reply to this correspondence within 14 days, failure to do so will confirm you do not wish to proceed. 

Regards,

Funnily enough, I then received a response on 29/12/22. Again it didn’t acknowledge an appeal just “We are writing to advise you that we have received your reply to our Letter Before Claim and that we have noted your request for Alternative Dispute Resolution.” so I now have a POPLA verification number. 

But I still feel my points stand on my previous email about their failure to comply with the BPA code of practice. I want to pursue a complaint with ParkingEye but can only find a contact number and want to have everything in writing, so was hoping to email. Does anybody know a direct email for the complaints department?
I can’t go direct to BPA until I have lodged a complaint with ParkingEye. 

Am I best to still appeal via POPLA, what are my chances of it being accepted on the grounds of the Equality Act 2010? I can provide proof of the appointment/procedure. 

Coupon-mad

Pretty sure all AOS members now have to publish a complaints procedure on their website.  It was added to the BPA CoP last year.

More importantly, what happened when you complained to the landowner?  They can cancel the PCN.

Was it a hospital? If so, just complain to PALS as the NEWBIES thread tells everyone. Easy to get it cancelled.

You'll have to prioritise that because you won't win at POPLA based on an Equality Act argument because they don't bother with statute law (shockingly).

DO NOT TRY POPLA FIRST, BECAUSE THAT PREVENTS LANDOWNER CANCELLATION.

Winging_it_22

Thanks so much for your reply,
I didn’t go to the landowner as it was a carpark next to the hospital (I was advised to park there by staff at the hospital as it was a closer proximity to the department I needed) I wasn’t sure if the landowner would be helpful as I wasn’t using their facilities. 

I will contact them though, rather than go through POPLA. 

The complaints procedure on the website is a contact number or postal address. I was hoping to use email as that’s how I’ve been corresponding with them so far and figured at least I have all the written evidence then. I could try a complaint to the email I’ve been using, or will phone and ask for an email address for the complaints department. 

KeithP

info@parkingeye.co.uk might be useful.

Winging_it_22

Update:
I sent an email to the landowners and they’ve replied to say they’ve cancelled it. 

I sent a polite email explaining I wasn’t using their facilities but had been advised to park there by the hospital. I basically told them ParkingEye had been unlawful and breached the EA2010 by rejecting my appeal and as landowners they could be vicariously liable. 

Now regretting not doing that 4-5months ago! 

So for anyone who‘s received a PCN and not used the car park for it’s intended purpose, it’s definitely still worth contacting landowners!

Coupon-mad

Winging_it_22 said:

Update:
I sent an email to the landowners and they’ve replied to say they’ve cancelled it. 

I sent a polite email explaining I wasn’t using their facilities but had been advised to park there by the hospital. I basically told them ParkingEye had been unlawful and breached the EA2010 by rejecting my appeal and as landowners they could be vicariously liable. 

Now regretting not doing that 4-5months ago! 

So for anyone who‘s received a PCN and not used the car park for it’s intended purpose, it’s definitely still worth contacting landowners!

It's always worth trying and is PLAN A in our advice thread. Glad it worked!

But do check, by logging into ParkingEye's website in a week, to see if it's marked 'cancelled'.