Azure parking UPDATE

RaZeFX

Been in an ongoing appeal with Azure as they sent the ticket outside the 14 day period and sent it over a month later.

Made a post on this forum and responded according to advice and have received a response where they have now doubled the charge by post.

Here is my original appeal and the subsequent email exchanges:

I am the registered keeper of the vehicle.

The Notice to Keeper was not delivered within the 14 days required by Schedule 4, Paragraph 9(4) of the Protection of Freedoms Act 2012 for ANPR-enforced parking charges.

As a result, you have failed to establish keeper liability. I am under no obligation to identify the driver and will not do so.

Since keeper liability does not apply, the charge must be cancelled.

Please confirm cancellation or provide a POPLA verification code.

And then I posted on this forum after this and was advised to write a response like the one I sent:

I was then sent this email to which I received no more emails in spam or anywhere and instead received a letter in the post doubling my charge with an admin fee.

GrumpyDil

You should stick to one thread but is there a question or is this just an update?

RaZeFX

https://forums.moneysavingexpert.com/discussion/comment/81909342#Comment_81909342

I have no idea what to do now since they sent this letter of recovering the charge

Gr1pr

Ask The admin staff to merge this thread with the original thread. ( one case one tread. ), using the report button

IGNORE the debt collectors letters

RaZeFX

I will do that now thanks.

Will it not escalate further? What’s a likely next step after I ignore this?

Gr1pr

Possibly a Letter of Claim, Possibly followed by a Money Claim. ( same as any outstanding unpaid Invoice. )

RaZeFX

and the move is to just let it get to that point and it’ll fizzle out or am I going to court ?

Gr1pr

https://forums.moneysavingexpert.com/discussion/comment/81909404#Comment_81909404

Totally depends on the parking companies intentions, there is know real way of knowing

If they don't pay, it won't happen

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81909404#Comment_81909404

Doesn't matter if they try!

But why haven't you made a formal complaint then escalated it to the BPA?

Jeez they have made it impossible for you to appeal to POPLA. The BPA need to see this but you have to first exhaust the company's published complaints process.

RaZeFX

I will do so now, what should it say? And why have they made it impossible

kryten3000

https://forums.moneysavingexpert.com/discussion/comment/81909523#Comment_81909523

They've made it impossible by refusing to issue you a POPLA code. This is a breach of the Single Code of Practice Section 8.4 which states that:

"8.4.1. Where a parking operator accepts payment of a parking charge, they do not need to offer the ability to appeal providing this is clear in the notice. Parking operators must provide a process for motorists to appeal against aParking Charge (including unpaid parking tariff) in accordance with Annex C,which:

a) allows that the parking charge may be appealed within 28 days;

b) requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, requires the parking operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information;"

So they must respond within 28 days and make a decision within the same time period or give a timeframe for concluding it. This is what Parkingeye do - they send a fishing response asking for the driver's details but then state that if no response is made within 14 days they will proceed against the RK.

Azure definitely didn't do this.

"8.4.6. Where the parking operator rejects an appeal against a parking charge, they
must present the person appealing with the option to:

a) pay the parking charge; or

b) appeal the decision to the relevant Appeals Service.

NOTE: Parking operators need to provide clear information to the motorist informing them
how to access an independent appeal, the timeframe for paying and/or appealing and the
consequences of appealing."

"8.4.10. Parking operators must record information in accordance with clause 17."

Clause 17 sets out the record keeping requirements in general:

"17.3. Internal Appeals and Independent Appeals
17.3.1. Unique identifier for parking charge (i.e. Parking Charge Number)
17.3.2. Date of appeal
17.3.3. Date appeal concluded
17.3.4. Outcome of appeal i.e. accepted, rejected, reduced in line with appeals
charter, goodwill gesture, withdrawn
17.3.5. Where an appeal has been accepted:
a) any remedial action that may be required and has been taken by the
parking operator to avoid a repeat of the circumstances leading to the
issue of the parking charge
b) Reason for acceptance i.e. based on mitigation, incorrectly issued,
landowner request, exempt vehicle, in accordance with appeals charter,
goodwill gesture, other
17.3.6. Location including outward postcode."

So I would be asking the BPA where the records are and why a POPLA code has not been provided in accordance with section 8.4.