DCB Legal - question on SAR

Coupon-mad

That is non-POFA.

cyberbob0997

The BPA forms ask which section of the CoP rules I am referring to (in regards to allowing appeal and/or opportunity to pay original PCN rate where it is clear no PCN has been seen)

Might it be 31.8; [sorry the formatting won't copy]

"Youmust respond to appeals within 28 days or, where a decision on theappeal is notconcluded within 28 days,youmustacknowledgetheappealand confirm thetimeframeforconcludingit, includingthesupply of additional information. Youmust havea processforconsideringappealsreceived outside of the normal 28-day period allowed for lodging an appeal wheretheappellant providesevidence of exceptionalcircumstancesfor theappeal not being lodged within the normal timeframes – wherethe addressee only discoversand can show thata parking charge notice has been issued in their nameafter the 28- day period the periodmust restartand anyenforcement, excludingcourtaction,must be paused."

Or a different section, or combination of sections I am using to make the argument?

Thanks

edit:  Feb 2024 CoP - Version 9.pdf (britishparking.co.uk) / Code of Practice and Compliance Monitoring (britishparking.co.uk)

Coupon-mad

I don't know off the top of my head - life's too short - and I don't see why the BPA thinks it's OK these days, to put the burden on the complaining consumer to trawl through the BPA's own poxy CoP and pinpoint the applicable clauses.

Don't bust a gut. Recognising a breach of the CoP is the BPA's job! 

nopcns

As the NtK was not PoFA compliant, unless you have identified yourself as being the driver (intentionally or otherwise), you cannot be liable for the charge.

cyberbob0997

Thanks both. @nopcns I was careful not to, as I remembered something about keeper liability from back in the day..

@coupon-mad good call - I'm sure I speak for most of those who seek help here in pushing back 100% for all the time you give in helping, but I think allowing the detail to stress you out plays into the trap.

Unsurprisingly my complaint to Luke Gross was passed onto and bounced back by RoadChef's Commercial Income Manager, I won't post the chain here as I'm sure you've seen it all before, but all my well made points were ignored.