Can a private parking operator only process an appeal from the driver?

PlsDontMakeMePay

I am attempting to appeal a couple of parking tickets from the same spot (Got the first letter after the second violation). I sent the "TEMPLATE ''ONE SIZE FITS ALL'' FIRST APPEAL THAT DOESN'T SAY WHO WAS DRIVING"  to them since they did indeed provide a very vague PCN letter. And they have responded with the following: 

"Good morning

Thank you for your correspondence.

Please be advised, we can only process an appeal from the driver on the day.

Please have the driver appeal with their full name and postal address within 7 days of the date of this email."

Is a parking operator only allowed to process a appeal on behalf of the driver? I feel like as the owner of the vehicle I should be able to progress the appeal.

The parking operator is azure parking and the pay/appeals are administered by paymyparkingcharge.com

Umkomaas

they did indeed provide a very vague PCN letter

Can we see a redacted copy of that please?  Both sides, cover personal details and VRM, but leave all dates showing. 

Coupon-mad

Reply and say no, I am the registered keeper and I am entitled to appeal because I am the recipient of two letters purporting to be Notice to Keepers.   If you wanted to try the ludicrously disingenuous and unlawful lie that "only drivers can appeal" you should have joined the IPC AOS where you'd find a like-minded anti-consumer mindset.

You are in the BPA AOS (your choice to join them) so deal with both appeals professionally and give me two POPLA Codes by return or I will escalate this to a formal complaint. And then I'll report Azure Parking to the BPA and DVLA for lying about thd keeper's legal right to appeal against liability and use POPLA.

Get real and learn a bit about consumer rights and the law, or you'll be among thd first to go when the new statutory Code comes in.  Good luck with that. You'll need it. Now reply properly to my appeals.

PlsDontMakeMePay

Thank you both very much super quick replies. 

I love the reply @Coupon-mad I will send that as my response.

Below is the PCN, the second letter is the same but with the contravention date and time of "20-May-2024 19:48"

 

Umkomaas

Thanks for copy of the NtK. That states they can hold the keeper liable, therefore an appeal from the keeper is wholly legitimate. Send them @Coupon-mad's snorter!

LDast

Whatever you do, do NOT reveal the drivers identity. They can't hold the keeper liable anyway, because the NtK is not PoFA compliant. Note that the "relevant land" is not identified.

Enter "St Peters" into Google Maps and you get thousands of possible locations that are called or start with the name "St Peters". The "relevant land" must be defined. It is not.

That's a winner at POPLA once the intellectually malnourished eejits at Azure Parking reject whatever appeal is submitted.

prowla

They are lying.

Castle

The compulsory handling fee of £1.95 for all payments will take the PCN over £100 and breach the BPA code.

(OP: You have left a Parking Charge and an Account Reference showing).

PlsDontMakeMePay

After a lot of back and forth I eventually managed to get “parking admin center” to give me a letter with a POPLA code on it, though only for one of the incidents. Here is the email they sent:

“Good afternoon,

Entry DateTime    PCN Details 20/05/2024 17:36  

Exit DateTime     PCN Details 20/05/2024 19:48

We can confirm your appeal has been considered and processed and an appeal response will be sent, via email, within the next two (2) working days. 

 

The document and password will be sent in separate emails, please ensure you check your junk and spam folder.

 

Your appeal response will be sent from email donotreply@zzps.co.uk. If you have not received this within two (2) working days, please call us directly.

 

Photographic evidence is available to view at Paymyparkingcharge.com using your Parking Charge Number (Client Reference) and your VRM (vehicle registration mark).

 

Please note, if your appeal has been rejected and your correspondence states you may pay the reduced balance within 14 days, but the account is showing the full balance you will be required to call us directly to make payment or use the bank details on the back of our original correspondence.

 

Any email correspondence received disputing the balance may not be picked up in time which would result in progression of the account.

 

Kind regards 

Shannon Kelly”

I have a few observations at the moment:

Only provided POPLA code and entry and exit time for a single alleged contravention, will send them an email asking for the other one to be processed.

They stated "Photographic evidence is available to view at Paymyparkingcharge.com using your Parking Charge Number (Client Reference) and your VRM (vehicle registration mark)." I have checked using details from both of my PCNs and I am unable to find any photo. Linked screenshot below. “MyNotice” link leads to a list of link to DVLA, BPA, etc. Nothing specific to my PCN. Should I email them informing them about this or should I save it for ammo in my POPLA appeal?

On Paymyparkingcharge.com if I view the information relating to Parking Charge Number:XXX1XXX (Have POPLA code) I see "Current charge: £100.00 + £1.95 handling fee", though on the "appeal response" that has been emailed to me it states "Total Amount Due: £100 (£60 IF PAID WITHIN 14 DAYS OF THIS LETTER)". Guess this is expected? Just trying to get me to pay something.

On Paymyparkingcharge.com if I view the information relating to Parking Charge Number: XXX2XXX (NO POPLA code) I see "Current charge: £210.00 + £1.95 handling fee". This is frankly laughable, no idea where this number has come from. Again should I email “parking admin center” to tell them I noticed this attempted robbery? Maybe complain to BPA? I’m not sure this would go in a POPLA appeal?

I have also retrieved two letters for zzps limited. One relating to Parking Charge Number:XXX1XXX and the other relating to Parking Charge Number: XXX2XXX (which further confuses the status of this one). Both are requesting an extortionate amount of £170 (£100 + £70 Administration Fees). I do not know how these letters relate to anything else.

Paymyparkingcharge.com screenshot (Can't do links yet ):

PlsDontMakeMePay

@Castle Thanks for pointing that out, though I can't figure out how to edit/delete posts...

And would there be any worth in complaining to BPA about the breach of charge amount?

Gr1pr

Keep on with the complaints to Azure first, because you have to do so BEFORE you can complain to the BPA AOS compliance team online, complaint links are on the right hand side of the BPA AOS members list on the BPA website 

The so called £210 is a made up figure that includes spurious debt collectors fees,vpiebin the sky, so keep complaining 

Definitely draft a Popla appeal if you have a Popla code for one of them, based on some or all of the following 

No keeper liability 
NTK PCN not compliant with POFA 
No transfer of liability from keeper to driver 
No landowner authority 
Poor and inadequate signage 
BPA CoP breaches 

Etc 

ZZPS are debt collectors so must be doing the back office work for Azure, clearly Azure haven't got a clue about the correct procedures, so keep banging their drum,case well as drafting and submitting your Popla appeal for PCN 1 , and chasing up PCN 2 with further complaints 

Once the replies are all in, complain about them all to the BPA AOS compliance team, mentioning the actual breaches and clause numbers in the CoP etc

Ps, newbies can't edit posts until it changes from Newbie to Forumite