Time limit for PCN being issued?

saviola7

Gr1pr said:

Click on the Complaints policy in blue, as shown on the screenshot above , the one you posted 

However, it fails for me, wanting me to login

https://www.britishparking.co.uk/Login.aspx?ReturnUrl=/CoreCode/Admin/ContentManagement/Complaints+procedure+(cupenforcement.com)

I tried a few others and no problems 

Hi mate,

same for me, i should have specified, i did click on the link and it wanted me to log in. Also bizarrely when you click on the website for CUP it takes you to a different website to the actual CUP one. The saga goes on!

Do you suggest i go ahead and email them on there generic website info@cupenforcement.com? 

Gr1pr

Might as well, plus complain to the BPA online regarding the faulty or incorrect link , stating that it asks for members to login 

saviola7

Hi All Just wanted to check my wording is OK, see draft email below to CUP - 

Dear CUP Enforcement, 

I am not sure what is going on with your systems but you have sent me 2 PCN's, One of which has already been appealed but the second one you failed to send me a NTK and proceeded to then send me a reminder demanding that I make payment as the registered keeper. I don't know if this is being done intentionally out of spite or you do not have your house in order but this is causing me great frustration. 

You have denied me the opportunity to appeal the second PCNs you have sent me under Ref 149575 Reg XXX, for this PCN no NTK was sent, i then attempted to appeal this PCN however your website stated there has already been an appeal against this PCN, i have both photographic and video footage of this. By denying me the opportunity to appeal this PCN you have breached BPAs Code of practice. Your website was down yesterday and when i have logged back in today for this PCN the website now says the 28 days time limit for an appeal has been been breached. 

You have also failed to respond to my appeal for PCN 145992 Reg xxx. Your website again states this PCN is out of the 28 day time frame for an appeal, However I have an email dated 27/08/24 acknowledging my appeal submitted and that you would respond within 35 days which you have failed to do. I again have records of this email. 

Do us both a favour and cancel these PCN's so we can stop wasting our time. 

Regards

Grizebeck

You are being far to polite

You should also forward the email directly to AOS@britishparking.co.uk and Harriet.l@britishparking.co.uk

Tell the BPA this behaviour by a BPA member is quite simply unacceptable and they should deal with it immediately and there can no excuses for it

Le_Kirk

The closing salutation should be "yours faithfully"; I wouldn't be paying them any sort of regards!

saviola7

Cheers guys, 

I have sent the email off. 

Funny thing is the situation developed a little further today, their website was working today, looks like they have updated it, when i searched both PCNs their website stated that both PCNs were out of the 28 day appeal window, i quickly took a video of this. Trouble for them is i have a screen recording taken on my phone for PCN 149575 stating there was an already an appeal which i sent a screenshot of earlier in this thread and i also have their acknowledgement email confirming receipt of my appeal against PCN 145992. 

This was a brilliant way to highlight their incompetence and no doubt the BPA will agree. 

let's just see if they see sense and cancel the PCNs. Thanks for all your help and will update in due course.

saviola7

So these idiots have come back with the response as below - 

"Good morning,

Thank you for your email.

From our review, your appeal for PCN 145992 has been responded to and sent via the email provided. Also as per our standard procedure, an initial notice to keeper was sent, for PCN 149575. In order for us to provide you a digital copy of the notice to keeper and proof of postage, due to the personal data on the document, we require you to identify your name and address as it appears on the charge document. We will then be able to provide you with a copy.

Kindly note that the system views 'no appeal within 28 days' the same as 'an appeal already submitted' therefore  you are unable to make an appeal outside of this. If you feel you have extenuating circumstances as to why an appeal was not made within the allocated timeframe then please do inform us"
The last paragraph is laughable honestly, the system views no appeal in 28 days as the same as appeal already submitted. What do you guys suggest i do next? i still haven't been able to challenge the second PCN and i definately didn't receive an outcome for the first PCN. I would be interested to see what proof of postage they can provide as i most certainly didn't receive anything, as well as proof of postage is not proof of receipt, i work for the royal mail so i know how many letters/parcels go missing every day up and down the country!

Gr1pr

Its currently an unregulated industry, the wild west 

They won't be providing any proof of anything until a few weeks before any possible future court hearing 

You would have to use a SAR to the DPO at the parking company with proof of ID such as a copy of the V5C or copies of 2 recent redacted utility bills to obtain your data, including pictures and documents etc 

You should be expecting a better fobbed off and for them to be obstructive, its part of the M O of these companies 

That is why you have been told to complain about it to the BPA AOS compliance team once you get these replies, even though they may whitewash it as a trade body, so you cite the specific breaches of the BPA CoP 

Treat all parties here as hostile, they are not on your side 

saviola7

Hi, 

I did complain to BPA AOS and got the response below a few days ago - 

Thank you for your email.

I can see you have submitted a complaint to Close Unit Protection below. Please await a response within the timeframe.

If you do not receive a response, please let us know and we can advise further.

Kind regards

Laura Staunton

 

Compliance Officer

British Parking Association

Web:  www.britishparking.co.uk

Gr1pr

So get back onto them with this game of ping pong, giving them copies of the correspondence so far, stating that your concerns have not been addressed and you want the complaint escalated and investigated 

We shouldn't need to explain this, it's common sense 

You received a response and are unhappy with the response, so tell them, not us