North Greenwich Blue Badge Car Park

Fruitcake

Don't show all your cards now, just the basics. Save the details for PoPLA.

Not relevant land, no keeper liability.
Non-PoFA compliant NTK, no keeper liability
Inadequate and confusing signage - incapable of forming a contract with the motorist
BPA CoP failure

BBDriver

Thanks Fruitcake,

It's very reassuring to have people in your corner when taking this on.

This will be my appeal which I expect to be rejected. I Just want to check I am not giving too much away at this stage.

Standard Newbies in italics.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

POFA does not apply as the land is not relevant land therefore keeper liability does not apply.
The Notice to Keeper is not POFA compliant therefore keeper liability does not apply.
Signage is both inadequate and confusing and incapable of forming a contract.
The signage and Notice to Keeper fail the BPA Approved Operator Code of Practice.

LDast

Too much. Just use the italics bit. If it isn't broken, don't try and fix it.

BBDriver

Thanks LDast,

Wasn't sure whether Fruitcake was indicating to add the sections mentioned.

Presumably the appeal is a waste of time and is used purely to get a POPLA code.

Gr1pr

BBDriver said:

Thanks LDast,

Wasn't sure whether Fruitcake was indicating to add the sections mentioned.

Presumably the appeal is a waste of time and is used purely to get a POPLA code.

Fruitcake mentioned them after the word Popla 

Basic appeal first, more detailed Popla appeal second

That last sentence in bold sums it up 

BBDriver

Good afternoon all,

I appealed using paymyparkingcharge.com and received the following reply today.

I assume this is an attempt to get the driver name and should be ignored.

No offer of a POPLA code.

Good afternoon

Thank you for your correspondence.

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

We have requested further photographic evidence from our client.

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

Kind regards

Emma

KeithP

BBDriver said:

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

I wonder where they got that idea from?

Having written to the keeper - a Notice to Keeper - surely it is entirely reasonable that the keeper replies.

Complain to the BPA. You'll need to complain to the parking company first.
Complain email addresses are on the BPA's website.

LDast

Dear Emma,

Please pass this response to your email in which you have mendaciously said "that you can only process an appeal from the driver on the day" to a responsible adult within your company. In order for you to comprehend what is meant by my use of the word "mendacious", you should look it up and consider the consequences of putting in writing something that can come back to bite you.

As your company issued me, the registered keeper, with a Notice to Keeper which gives me options to appeal as the keeper and I have responded as the keeper, on what planet are you living on by insisting that only the "driver on the day" can appeal? If your email is some sort of devious attempt to deny me a POPLA code, I suggest you hurry up and pass this response to your email on to you responsible adult so that they can handle it as required, particularly but not limited to the BPA Code of Practice sections 23.1, 23.4b and 23.7.

To assist you in comprehending my reason for highlighting the above BPA Code of Practice sections, I refer you to the wording in each of them:

23.1 ...The procedures must give drivers and keepers the chance to appeal a Parking Charge Notice...
23.4b ...You are only required to deal with an appeal from the subject of the parking charge or their appropriately authorised representative...
23.7 ...You must provide a process for drivers and keepers to appeal against the serving of a parking charge notice or the pursuit of an unpaid parking tariff, as detailed in the parking charge notice, which allows that the parking charge notice may be appealed within 28 days of its delivery to the driver, keeper or hire company.

So, irrespective of the fact that I intend to report you to the BPA for these blatant breaches of the CoP, I expect you to either cancel the PCN or issue me with a POPLA code within the mandated period.

Yours sincerely, (or love and kisses, depending on how frivolous you are feeling)

BBDriver

Thanks LDast,

Brilliant. Once I stop laughing I'll send it.

Le_Kirk

LDast said:

As your company issued me, the registered keeper, with a Notice to Keeper which gives me options to appeal as the keeper and I have responded as the keeper, on what planet are you living on by insisting that only the "driver on the day" can appeal? If your email is some sort of devious attempt to deny me a POPLA code, I suggest you hurry up and pass this response to your email on to you your responsible adult so that they can handle it as required, particularly but not limited to the BPA Code of Practice sections 23.1, 23.4b and 23.7.

One correction for you, love the style!