CUP PCN appeal - they want further information

Storstark

I recently had a PCN for which seemed pretty standard so I appealed (as the keeper of the vehicle) with the template response from the Newbies thread. They have now responded saying that they cannot process the appeal until I complete a Transfer of Liability as I did not name the driver.

How do I proceed from this point? I don't really want to do a ToL, or appeal as the driver. I'm not sure why this is necessary either as there was an option on their website to appeal as the keeper!

Original PCN and their response posted below.

Fruitcake

Do nothing, or complain that they have failed to assess the keeper's appeal.

The NTK is not PoFA compliant so it would be daft to supply the unregulated private parking company with the driver's details when the keeper cannot be held liable.

This assumes that the keeper has already exhausted Plan A, a complaint from the keeper to the landowner and the keeper's MP.

DE_612183

Just respond saying they can't hold the keeper liable and you won't be saying who was driving so if they want to go court good luck.

Nellymoser

They are lying, they can so process the appeal without a transfer of liability but if they don't do chase up. email CUP a complaint and say you'll report this CoP breach to BPA. 

Think they get 35 days to inform you of their appeal decision. It can end up in your junk mail so check that folder too.

ChirpyChicken

i would email them including sara.r@britishparking.co.uk and aos@britishparking.co.uk say something along the lines

Dear CUP/ Sara Roberts

I have copied in Sara from the BPA so they can see the sort of shambles the motorist has to deal with when logging an appeal with your firm
As the BPA will confirm i am under no obligation to provide driver details
Either provide a POPLA code or cancel the PCN

Sara, please deal with this matter directly and try stop this kind of behaviour

Thanks
Mr xxxxx

Fruitcake

If you ae going to complain, then you should do so first to CUP and see what they say, then to the BPA if you aren't satisfied with their response. If you complain to the BPA first, or even at the same time, they, the BPA will tell you to contact CUP.

You should of course also complain to the landowner and your MP that an unregulated private parking company has refused to assess your appeal.

Everything should be done by the keeper without identifying the driver.

ChirpyChicken

Fruitcake said:

If you ae going to complain, then you should do so first to CUP and see what they say, then to the BPA if you aren't satisfied with their response. If you complain to the BPA first, or even at the same time, they, the BPA will tell you to contact CUP.

You should of course also complain to the landowner and your MP that an unregulated private parking company has refused to assess your appeal.

Everything should be done by the keeper without identifying the driver.

the reason i copy in the BPA on some emails (sara) is it actually gets the parking firm to act as they should surprising how effective it is 

Storstark

Great - thanks.

I did try to complain to the landowner but nobody knows who it is. Or nobody admits to it anyway. There is small row of shops with a bit of off-street parking in front, and there is a CUP sign in one of the shop windows saying that parking is for customers only. The driver (who I shall not name) was a customer at one of the shops so I have no idea what the PCN is for, and it doesn't say on the letter.

Fruitcake

If it ever got to court, then it is worth paying a few quid to buy the details of the landowner from the Land Registry, but at this stage it isn't crucial.

Do complain to your MP that the keeper has appealed but it has been refused. Quote the wording on the NTK and the joint IPC/BPA code of practice that allows a keeper appeal, then ask the MP when regulation is going to be introduced to stamp out this unfair behaviour by this currently unregulated industry.

Do appeal to CUP, then to the BPA. As advised above, it won't hurt to copy in the BPA for information, but you can't complain to them unless you have complained to the PPC first.

Nellymoser

This poor practice was raised with dvla in 2014 and was addressed (did CUP not get the memo or have they chosen to ignore it).

https://forums.moneysavingexpert.com/discussion/comment/64401866/#Comment_64401866

I'd email a complaint to DVLA. Point out this poor practice was actioned by DVLA in 2014 but it is still occurring. Attach copy of CUP's offending letter.
CCRT@dvla.gov.uk

KADOEservice.support@dvla.gov.uk

complaintsTeam@dvla.gov.uk