PCN appeal rejected as an official appeal.

Coupon-mad

airspacepark said:

nopcns said:

LDK Security Group LTD Parking & Facilities Management

It sounds, from what you have provided, that they are not relying on PoFA to hold the keeper liable. As they don't know the identity of the driver, you should appeal using the blue text as per the Newbies/FAQ thread.

Without seeing the NtK, it is impossible to be sure. 

I uploaded the letter both sides.

LDK Security Group LTD Parking & Facilities Management should not be stating that they have the right to recover the charge 'from you' the keeper.   They don't.  Clearly they have not complied with the POFA.

Are you at POPLA stage? Just do a Popla appeal as per post 3 of the NEWBIES thread. First point will be the fact a POFA NTK has not been served. These points are already written.

No POPLA Code?  I already said what to do:

Reply to that email telling them that clearly the appeal was sufficient (not that they can dictate what people say) and you will report them to the BPA if they fail to send a POPLA code.

airspacepark

Coupon-mad said:

airspacepark said:

nopcns said:

LDK Security Group LTD Parking & Facilities Management

It sounds, from what you have provided, that they are not relying on PoFA to hold the keeper liable. As they don't know the identity of the driver, you should appeal using the blue text as per the Newbies/FAQ thread.

Without seeing the NtK, it is impossible to be sure. 

I uploaded the letter both sides.

LDK Security Group LTD Parking & Facilities Management should not be stating that they have the right to recover the charge 'from you' the keeper.   They don't.  Clearly they have not complied with the POFA.

Are you at POPLA stage? Just do a Popla appeal as per post 3 of the NEWBIES thread. First point will be the fact a POFA NTK has not been served. These points are already written.

No POPLA Code?  I already said what to do:

Reply to that email telling them that clearly the appeal was sufficient (not that they can dictate what people say) and you will report them to the BPA if they fail to send a POPLA code.

Thank you sir for your knowledge, I did, and now I'm waiting for a response.

Coupon-mad

I'm a lady 

nopcns

You should initiate a complaint (not an appeal, which is separate) with LDK about their mendacious wording in their NtK that they may recover parking charges from you (the keeper). Point out that you expect a response as to why they are attempting to make their NtK appear to be PoFA compliant when they know that it isn't.

Once you have a response, file a complaint about them with the BPA using this form:

https://portal.britishparking.co.uk/compliance/LogComplaint

airspacepark

Coupon-mad said:

I'm a lady 

My apologies

airspacepark

nopcns said:

You should initiate a complaint (not an appeal, which is separate) with LDK about their mendacious wording in their NtK that they may recover parking charges from you (the keeper). Point out that you expect a response as to why they are attempting to make their NtK appear to be PoFA compliant when they know that it isn't.

Once you have a response, file a complaint about them with the BPA using this form:

For some reason yesterday they only allowed me 1 post, so I couldn't reply to you. I followed coupon-mad advice and reply to LDK about my appeal. You think I should send another email as a complaint to them as you advised? Or should I wait for them to reply.

Thank you

Coupon-mad

Yes.       

nopcns

Your "complaint" should state that, as they have failed to comply with BPA CoP rules 21.12 and 21.13, you need to know their reasoning behind their choice of wording which would appear to be a mendacious attempt to deceive the keeper into accepting liability for the charge when there is no legal requirement to do so as they have failed to strictly comply with the requirements of PoFA 2012.

Please show us their response to the complaint.

airspacepark

nopcns said:

Your "complaint" should state that, as they have failed to comply with BPA CoP rules 21.12 and 21.13, you need to know their reasoning behind their choice of wording which would appear to be a mendacious attempt to deceive the keeper into accepting liability for the charge when there is no legal requirement to do so as they have failed to strictly comply with the requirements of PoFA 2012.

Please show us their response to the complaint.

Hi again,

I did received their response. This make me think that they really try to stop you from appealing to POPLA, because if you know you are doing right then let the person appeal to POPLA and if that person is not successful then he pays full amount.

So I guess my next step is to write to BCA and explain it all situation?

Thank you for your help.

Response below:

 "Good afternoon 

Thank you for your email, all your comments have been noted.

As previously advised your appeal does not appeal the issuing of the notice, therefore we cannot process this as an official appeal.

Please appeal against the issuing within seven days.

Kind regards"

Coupon-mad

Dear LDK,

Sorry but you have no choice but to consider my appeal as an 'official' appeal.

Just because you don't like a well-informed keeper appealing against their purported liability doesn't mean you can ignore an appeal made on valid grounds, relying upon the law.  It is an official appeal.  The keeper is entitled to appeal.

POPLA Code please or I will consider us to have reached complaint 'impasse' and will escalate this complaint to the BPA.