Appealing charge from Azure Parking - asked to confirm driver

loudgiraffe

Hello and thanks for the very informative forum. 

I received a letter by post entitled Parking Charge To Registered Keeper.

I sent an appeal using a version of the Newbie template and have received the following reply:

As you have confirmed to not be the driver on the day. 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 serviceable address within 7 days of the date of this email.

I know that I should not confirm the driver. My plan was to reply by email saying 'I will not confirm the driver, please continue to process my appeal as the registered keeper'. Is there anything else I should add?

Having read through previous threads, believe that the Notice to Keeper I received is not compliant because it does not state the period of parking (only the start time) and does not explicitly invite the keeper to pay. However I have not yet stated this in my appeal as a previous thread suggested it is better to hold that information back for later stages of the appeals process. 

Would be grateful for advice on my next step please. 

Gr1pr

Azure parking,  BPA AOS member , a company that haven't a clue about the topics 

Yes, reply in the manner you mentioned,  as keeper,  stating that a refusal to deal with the appeal as keeper will result in a written complaint to the BPA AOS compliance team 

I am glad to see that you have done your research and only asked for help at the brick wall stage 

ChirpyChicken

@Coupon-mad typical ZZPS up to their tricks again, 

Coupon-mad

ChirpyChicken said:

@Coupon-mad typical ZZPS up to their tricks again, 

Yep, we've overcome this before by pushing back at the liars:

https://forums.moneysavingexpert.com/discussion/6535173/can-a-private-parking-operator-only-process-an-appeal-from-the-driver

The OP could also report this to the Competition and Markets Authority ('the CMA') as a breach of the Digital Markets, Competition and Consumers Act (DMCC Act)

226 Misleading actions

(1)For the purposes of this Chapter, a commercial practice involves a misleading action if the practice involves—

(a)the provision of false or misleading information relating to a product, a trader or any other matter relevant to a transactional decision,

(b)an overall presentation which is likely to deceive the average consumer about a matter relating to a product, a trader or any other matter relevant to a transactional decision,

(c)any marketing of a product which creates confusion, or is likely to create confusion, with any product, trade mark, trade name or other distinguishing mark of another trader, or

(d)a failure to comply with a requirement in a code of conduct to which subsection (5) applies in circumstances where the trader asserts that the trader acts in compliance with that code.

and specifically from the CMA we have this clarity about the new aspects to prevent consumer harm:

https://assets.publishing.service.gov.uk/media/67ee863298b3bac1ec299c81/Technical_note.pdf

page 10:

"A misleading omission can occur if the commercial practice omits information required under ‘any other enactment’"

In other words, lying about the law.