BHX Apcoa Parking Charge Notice

Sorry, I misunderstood the previous comment.

Thank you for pointing out where I have gone wrong.

As you can tell I haven't done this before so if I make a mistake on here then I will at least get the right info to the keeper.

Hey,


Bit of an update......

The owner sent an appeal using the regular template from the newbies section. Apcoa sent a reply saying they would reply in due course with their decision.

About a week later the owner received an email with an attachment with their decision, this attachment is totally unreadable and various programs have been tried but none will make it readable.
The owner tried to reply to that email but it bounced back saying 'undelivered' so Apcoa was contacted via their website using the 'contact us' and a strongly worded letter to their 'customer service' team was sent detailing what has happened with their decision requesting they contact the owner. So far there has been no reply and it's been a week since the owner tried to contact them.
Was this the right thing to do? If not, how would you advise to proceed on this?


Thank you.

Redx wrote: »

if you get nowhere with APCOA then you follow the advice in the NEWBIES FAQ sticky thread and complain to the BPA aos compliance team with a brief timeline and copies of all correspondence etc

chances are APCOA will cancel it as soon as the BPA contact them about it

complain about no legible rejection with a POPLA code


also tell that keeper they are bulletproof seeing as POFA2012 does not apply at BHX and there is no keeper liability whatsoever , especially because bylaws apply

Fantastic, thank you very much!!

Hi,


The keeper received a reminder notice explaining that no payment or appeal had been made so the outstanding payment is £100, this is totally untrue as by their admission on their website is that you cannot appeal the parking charge notice twice.
The keeper has emailed the BPA to inform them that APCOA have not supplied a POPLA code, all dates of correspondence and evidence have been sent to the BPA. They replied to say that they would investigate this and get back to the keeper in due course stating that it can take around 14 days.
The keeper also emailed the DVLA complaingin about the release of information from the DVLA vehicle register, this was the reply they received -



"Dear XXXXX
Thank you for your email of XXXX 2018 about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.
The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.
Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it. The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.
Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.
I have investigated this matter fully with APCOA Parking (UK) Ltd and they have provided satisfactory evidence to demonstrate reasonable cause to obtain keeper data from the DVLA. Keeper details were required for the alleged contravention of failing to park in a designated parking area.
The company in question APCOA Parking (UK) Ltd are members of the British Parking Association (BPA) which is an ATA for the parking industry. The BPA’s code of practice is published on its website at .......... under the heading “Approved Operators Scheme”. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company did not comply with the BPA’s code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN.

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference:............
Yours sincerely
Sent via email
Zoe Newson Data Compliance Officer"


After reading several other posts on here and elsewhere this seems to be the sort of reply expected from them. Is it worth the keeper responding to this email or raise the matter further? Can the question be asked "what the satisfactory evidence is?" As stated on the standard appeal to APCOA the keeper has stated they are not the driver but the DVLA are talking about this, again another point to raise with them?


Are there any other questions or points that could be raised with the DVLA or does the keeper now just wait on the BPA response?


Many thanks in advance to any time taken out by yourselves to help the keeper with this one.

Thanks for the reply, I thought this might be the case but, was hoping not.