Appeal can't be looked at until driver is named

CountryKerry · 20 August 2017 at 2:12PM

Hey there,

Just a quick question about P4 Parking. A windscreen PCN was placed on my car on 8/7/17. My car was parked in a bay and the driver was sourcing a visitors permit from the flat being visited (as dictated by the landowner).

Anyhow, ticket issued. An online appeal was sent in by myself as registered keeper on day 27 (3/8/17). It followed a template from this forum (so thank you) and made note that the driver had been parked for two minutes, and was actually getting the visitors permit to place in the vehicle at the time.

On 16/8/17 I received an email (just seen today as it went to the spam folder) stating they; "cannot accept the appeal sent in as the driver's identity was not provided". The letter then states, in bold (angry!), "According to BPA, section 9.2, the driver must USE THE APPEALS PROCEDURES IN AN HONEST WAY".

It then follows on; "if we have not been informed of the drivers details within seven days we will not accept your appeal and pursue you for the full charge".

So where do I stand? They will not accept my appeals (and thus grant me a Popla code) until I tell them the driver... . Should I do anything or just shred their letters on arrival?

Half_way · 20 August 2017 at 2:29PM

Why was a ticket issued? was this a residential parking space/vistots space where the owner of the property has pre existing rights to use the space/area? was the ticket placed on the vehicle in 10 minutes or less?

Dear parking company, as you are aware the registered keeper is under no obligation to attempt to name the driver at this point.
Due to this fact, your communication has been misleading, and dishonest, and will be reported to your trade association, the British parking association limited.
Further more as the driver of the vehicle was a legitimate visitor, and the parking charge was issued in under 10 minutes you have breached your own trade associations code of practice regarding grace periods, and as a result you have obtained my/the registered keepers details without just cause which is a breach of the data protection act.

A complaint regarding your breach of the data protection act will also be made to your principal, the management company who allow you to operate on the land.

As a gesture of goodwill, I am prepared to drop any proposed action against you and/or your principal for the data protection act breach upon payment of £200 to be made to (address of RK) within the next 7 days

You should also take look at homeguard vs jopson, and if you were visiting a someone in a residential area and using their car park, yo should ask your friend to check his/her lease/rental, and make sure that they are aware of their rights incase they have also fallen victim to the parking company

beamerguy · 20 August 2017 at 2:35PM

Me thinks that P4 have been on the funny juice again
Maybe a child is trying to do the job of an adult

They contacted you as registered keeper and not the driver
You are appealing as registered keeper and not the driver

Complain to the BPA and David Dunford of the DVLA

P4 are living in the clouds

Redx · 20 August 2017 at 2:36PM

and in the meantime, wait for a postal NTK to the keeper, then appeal that pcn with the same appeal as before (as keeper)

you can safely ignore any requests to name the driver

Half_way · 20 August 2017 at 2:44PM

Its almost certainly worth digging around with regards to residents lease etc, theres a good chance things could be made very difficult for P4Parking, and instead of P4 going for residents/visitor/ guests etc, the tables could be turned so P4 and its principal could be taken to the cleaners.

CountryKerry · 20 August 2017 at 2:53PM

Thank you very much for these quick replies.

The ticket was given because a valid permit was not on display. The system follows as such, there are two spaces for visitors to park in, but they must show a 'visitors permit'. These can be collected from the estate office, or, the flat being visited. The tenants are all sent a book of them every year. They're free of charge and last 24 hours - there is absolutely no reason why anyone would park without showing one (unless they're going to get one from the flat being visited!).

There is absolutely no way a grace period of 10 minutes was given -> the driver parked the car, went upstairs (6 flights), filled in the permit, and went downstairs to find a ticket on the windscreen (and no-one from P4 Parking in sight!).

I gave P4 Parking my email address and an address (one I have access to, but not where the vehicle is registered at, since it isn't my main address) during the appeal stage. If they send the NtK to that address - and not the address the car is registered at, will it count?

I have also made a complaint to the landowner, but, the person in charge of parking and transport retired two weeks ago and they're sourcing a replacement 'soon'.

Many thanks for all of your responses again... !

Half_way · 20 August 2017 at 3:09PM

can't post much at the minute, but look for lynzer on pepipoo who has created a guide to residential cases. you are in a strong positron to make things difficult for a parking company.

fisherjim · 20 August 2017 at 3:28PM

CountryKerry wrote: »

The letter then states, in bold (angry!), "According to BPA, section 9.2, the driver must USE THE APPEALS PROCEDURES IN AN HONEST WAY".

It then follows on; "if we have not been informed of the drivers details within seven days we will not accept your appeal and pursue you for the full charge".

These people are just Muppets of the worst kind aren't they you have been honest, but in any case why does a private members club that they sign up to think they can impose conditions on members of the public, especially when their own members don't conform.

Fruitcake · 20 August 2017 at 3:36PM

CountryKerry wrote: »

Thank you very much for these quick replies.

The ticket was given because a valid permit was not on display. The system follows as such, there are two spaces for visitors to park in, but they must show a 'visitors permit'. These can be collected from the estate office, or, the flat being visited. The tenants are all sent a book of them every year. They're free of charge and last 24 hours - there is absolutely no reason why anyone would park without showing one (unless they're going to get one from the flat being visited!).

There is absolutely no way a grace period of 10 minutes was given -> the driver parked the car, went upstairs (6 flights), filled in the permit, and went downstairs to find a ticket on the windscreen (and no-one from P4 Parking in sight!).

I gave P4 Parking my email address and an address (one I have access to, but not where the vehicle is registered at, since it isn't my main address) during the appeal stage. If they send the NtK to that address - and not the address the car is registered at, will it count?

I have also made a complaint to the landowner, but, the person in charge of parking and transport retired two weeks ago and they're sourcing a replacement 'soon'.

Many thanks for all of your responses again... !

You have provided the PPC with a service address for the keeper that meets all the requirements of the POFA 2012, so it matters not if that is your home address or not. Yes it counts.

The scammers have failed to follow the BPA CoP and thus have abrogated their Kadoe contact with the DVLA.

You MUST complain to the BPA, and more importantly to the DVLA and your MP. Do this whilst you wait for the NTK which hopefully will never arrive.

Half_way · 20 August 2017 at 3:37PM

links from Lynzer on pepipoo:
residential parking guide http://www.thebridesmother.co.uk/Media/residential-parking.pdf

Template ideas
http://www.thebridesmother.co.uk/Media/Templates.pdf

Coupon-mad · 20 August 2017 at 6:05PM

I would email a complaint NOW to the BPA email, given in post #9 of the NEWBIES thread.

Appeal can't be looked at until driver is named

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