Apcoa + Roxburghe **Ticket Cancelled**

[odds]

If you have already told Roxburghe and APCOA to do one, why on earth would you write to GPB ????

 

Have you not grasped it yet that there is nobody there in Byfleet.....

 

Let me recap.....GPB who act on behalf of Roxburghe who act on behalf of APCOA who do not own the land in this matter

 

Id be terrified pmsl

 

[Scouse Magic]

[odds]

To be honest I have only just noticed the similar address and then I noticed who had actually signed the letter from GPB 'Solicitors'

 

Yours Sincerely

GPB Solicitors

 

[Liverpool way]

To be honest I have only just noticed the similar address and then I noticed who had actually signed the letter from GPB 'Solicitors'

 

Yours Sincerely

GPB Solicitors

 

 

By god the boy/girl/s got it! The penny has dropped!

 

There are no GPB solicitors at West Byfleet, (check the Law Society website...registered solicitors nil), just an empty desk where Rox fire out template letters under licence in their name!

 

Not to sure how legal that is, but I intend to find out???????

[odds]

Well they do appear on the SRA Wesite

 

http://www.sra.org.uk/solicitors/firm-based-authorisation/abs-register/560888.page

 

some of the staff have their own pages on the same site

 

http://www.sra.org.uk/consumers/solicitor-check/139547.article?decision-1

 

http://www.sra.org.uk/consumers/solicitor-check/112708.article?decision-1

[odds]

Just a quick update on this matter.

I have received a response from DVLA regarding my complaint concerning the culprits mentioned and they have said:

 

Dear Mr Odds,

 

I apologise for the delay in a response being provided. I have requested further information from the British Parking Association to be able to issue a response but this has not been provided at this time.

 

I can however confirm that this notice has been cancelled.

 

Thank you for your patience.

 

Kind regardsI

 

So how come DVLA get to inform me that the PCN has been cancelled and not the persons issuing it ?, whom I have had no response from whatsoever.

[Nev Met]

In July 2013 the DVLA sent the following warning to BPA Ltd and/or it's members - my emphasis and underline

 

"We have been made aware that the DVLA has started receiving correspondence from operators asking the DVLA for their opinions on new versions of their notices. Please be advised that the DVLA cannot endorse any wording or confirm that wording provided is suitable - this would fall under the remit of the BPA.

 

The DVLA have advised that they have an expectation that operator notices do the following...

 

• Clearly explain why the notice has been issued to the person named on the notice

• Clearly explain whether Schedule 4 of the Protection of Freedoms Act (POFA) is applicable in the circumstances or not

 

BPA share this expectation.

 

DVLA has reminded us that it reserves the right to suspend operators from access to their database if timescales are regularly ignored. Indeed, you cannot pursue keepers for payment if you are unable to send the Notice to Keeper within the timescales of Schedule 4. This could also be in breach of paragraph 21.5 of the Code."

 

Note the weasel words 'regularly ignored' - who defines or interprets the word 'regularly'?

 

Either way, one claim of keeper liability outside the statutory time scales is one too many as far as I'm concerned, the BPA Ltd and it's members pushed hard and campaigned for this legislation, it;s their Act so therefore they should comply with it 100%

 

What I'm saying is don't let the DVLA weasel out of taking punitive action against the companies concerned.

 

Furthermore, as there is clear evidence of an inability to comply with PoFA timescales ACPOA should be immediately audited to check the timescales of all it's other Notices sent out under PoFA.

 

Bear all this in mind when the DVLA try and bury this complaint

[odds]

I intend to NevMet, I shall keep this updated on any further correspondence with them.

[jillee55]

Hi Odds

I have had the exact same 3 letters as you, to the wording and time span between letters, ect. I noticed similar discrepancies on Rox and GPB letters such as PARKING CHARGENOTICE (instead of CHARGE NOTICE) obviously printed off same computer, since GPB were suspended I have had phone calls from Roxburghe on house phone and mobile (which is my husband's), how the hell did they get my numbers because I have made absolutely no contact with any of them, I have ignored all letters and calls except the one my OH answered on mobile, I seriously want to report Rox to the relevant authorities and will if they carry on just struggling with how to word complaints. (I parked on NHS car park with a PERMIT displayed).

SORRY TO HAVE JUMPED IN ON YOUR THREAD

Edited October 23, 2013 by jillee55

[odds]

Hi Jillee,

Was it a permit issued by the hospital to staff or do you mean a parking ticket ? Do you mean the permit was actually valid or had it expired ?

First thing to do is check the dates when the ticket was stuck on the car and then check the date your Notice to Keeper, if there is more than 56 days between the two then they are urinating into a strong breeze as they cannot claim from the Registered Keeper and as you or they don't know who was the driver they are stumped. Maybe that is why they are calling, hoping to pressure you into paying.

[jillee55]

Hi Odds

I have a permit issued by the hospital? but am not employed by the trust where I am based, I am employed by a different trust who rent the unit I work on from the Trust it is based at (confusing) Our patients also have parking permits as they are regular users (3 times per week).

Permit is in date and paid for direct from my salary by the trust I am employed by, to the trust were the unit is based, but I had parked in a patient and visitor section because there where no staff spaces available, I have ignored all letters and calls because our staff have been told if there are not enough staff spaces available we can park where there is a space, not got that in writing though,

The notice to keeper/owner arrived 55 days after the parking notice, (so just in time) but all my letters are worded exactly as yours are. APCO have broken BPA code of practice re-contents of notice to keeper, parking notice 12/07, APCO NTK dated 04/09, ROX letter dated 20/09. GPB/ROX letter dated 03/10, Rox began their calls 16/10, after GPB suspension, hoping to Get ROX licence revoked they are already on a refuse to renew.

ONCE AGAIN SORRY TO JUMP IN ON YOUR POST

Edited October 23, 2013 by jillee55

[odds]

Finally a letter from Apcoa just to confirm that 'on this occasion' they have cancelled the Parking Charge Notice.

I must also commend Royal Mail, because Apcoa actually received my letter the same day I posted it.

[Scouse Magic]

so what about your costs, postage etc

[odds]

so what about your costs, postage etc

 

To be honest I'm not too bothered about the cost of a couple of stamps, what I am interested in is DVLAs response and what the BPA have to say about them.

[odds]

Help needed for a stern letter to DVLA regarding this please. I reported Apcoa and Roxburghe also made a formal complaint against DVLA on 27/09/2013, had a reply from DVLA on 22/10/2013 (post #28) and have heard nothing since from DVLA. Maybe they are hoping I had forgotten about it.

Any guidance on the wording of a follow up email to DVLA to find out what/if any sanctions have been imposed on Apcoa and Roxburghe and what the BPA response was to the DVLA request for more info was regarding this complaint.

 

Thanks.

[odds]

Had a response (whitewash) from DVLA at last, after having to remind them.

Not very happy with it to be honest as it seems to side with the BPA, so any thoughts for a follow up as I wont let Apcoa/Roxburghe get off lightly !!

Here's the reply:

 

 

 

Pete.

[esmerobbo]

It seems all these companies have to say is sorry it was an error and thats the end of it, its a pity DVLA are not so keen to except a motorist can make a simple error when there is a penalty they can issue.

[Nev Met]

There's no ref number on the letter so I'm going to hazard a guess that the DVLA won't have recorded your complaint as a complaint and are merely treating it as 'other correspondence' (and therefore massaging the complaint figures).

 

I'm also going to hazard a guess that the contract that ACPOA have with the DVLA states that the data is given for PoFA purposes only. As this signed contract is what under pins 'reasonable cause' for electronic data requests then we need to see whether or not it authorises data use for non-PoFA purposes. If it doesn't then either the data request/release was unlawful as the contract doesn't authorise non-PoFA purposes or ACPOA were chasing under PoFA whether their NtK states that or not.

 

So, in the first instance send this back.................

 

 

Dear Mr Dunford

 

Thank you for your letter dated x December 2013. I would be grateful if you would now address the following matters please,

 

What is the unique DVLA internal reference number that relates to my complaint

When was my complaint recorded as a formal complaint within the DVLA

What is the unique BPA Ltd internal reference number that relates to your referral to the BPA Ltd

 

Next, you state that the request for my data was 'submitted using an electronic enquiry system' - I understand that 'reasonable cause' for such enquiries is made under the strict terms of a contractual agreement with the DVLA. Please therefore provide me with a copy of the contractual agreement between ACPOA and the DVLA that authorises ACPOA to use data for both PoFA and non-PoFA purposes.

 

Finally, you state that the DVLA accepts the explanation offered by the BPA Ltd concerning the misuse of my data by Roxburghe. I am aware that earlier this year the DVLA was heavily criticised over it's flawed investigation into Premier Parking Solutions in respect of the 'RAME charity' complaint during an internal review as follows, "My conclusion is that the case was not handled correctly. DVLA officers accepted at face value the account of events provided by Premier Parking Solutions and did not check the information provided. This compromised the investigation and led to the Agency making a decision with only some of the facts"

 

I would be grateful therefore if you would provide me with a copy of all of the evidence that the DVLA called for in this case from ACPOA, Roxburghe and the BPA Ltd during the course of the DVLA investigation and upon which the conclusions contained in your letter of x December 2013 are based.

 

Kind regards

[odds]

There's no ref number on the letter so I'm going to hazard a guess that the DVLA won't have recorded your complaint as a complaint and are merely treating it as 'other correspondence' (and therefore massaging the complaint figures).

 

There was a reference number but I edited it out

 

I'm also going to hazard a guess that the contract that ACPOA have with the DVLA states that the data is given for PoFA purposes only. As this signed contract is what under pins 'reasonable cause' for electronic data requests then we need to see whether or not it authorises data use for non-PoFA purposes. If it doesn't then either the data request/release was unlawful as the contract doesn't authorise non-PoFA purposes or ACPOA were chasing under PoFA whether their NtK states that or not.

 

What gets me is, if they don't hold records for the the electronic enquiry system as they have stated, then how do they know for what reason the data is being used for. To say they may not have decided to go down the POFA route at the time of the data request is a bit of a nonsense statement as that means anyone could get your details at anytime without a real reason, even worse is the fact that no records are held.

What I forgot to mention in my first complaint to DVLA was the involvement of GBP 'Solicitors' aswell, so maybe I'll throw that at them this time, or maybe they issued the threatening letters in 'error' also.

Apcoa seem to have been totally ignored in all this and only Roxburghe get a mention, yet they were instructed by Apcoa and presumably given all the facts to act on.

 

So, in the first instance send this back.................

 

 

Dear Mr Dunford

 

Thank you for your letter dated x December 2013. I would be grateful if you would now address the following matters please,

 

What is the unique DVLA internal reference number that relates to my complaint

When was my complaint recorded as a formal complaint within the DVLA

What is the unique BPA Ltd internal reference number that relates to your referral to the BPA Ltd

 

Next, you state that the request for my data was 'submitted using an electronic enquiry system' - I understand that 'reasonable cause' for such enquiries is made under the strict terms of a contractual agreement with the DVLA. Please therefore provide me with a copy of the contractual agreement between ACPOA and the DVLA that authorises ACPOA to use data for both PoFA and non-PoFA purposes.

 

I don't think I would get anywhere with that as they would just claim confidentiality between themselves and Apcoa.

 

Finally, you state that the DVLA accepts the explanation offered by the BPA Ltd concerning the misuse of my data by Roxburghe. I am aware that earlier this year the DVLA was heavily criticised over it's flawed investigation into Premier Parking Solutions in respect of the 'RAME charity' complaint during an internal review as follows, "My conclusion is that the case was not handled correctly. DVLA officers accepted at face value the account of events provided by Premier Parking Solutions and did not check the information provided. This compromised the investigation and led to the Agency making a decision with only some of the facts"

 

Is there a link to that case you state, so that I have an idea what I am on about please

 

 

Pete.

[Nev Met]

Hi Pete,

 

The draft I did for you was in response to your "help needed for a stern letter to DVLA" - I thought it easier to actually draft you a letter rather than throw some suggestions in which then gets into a muddle. The draft was based on my almost intimate knowledge and experience of dealing with the DVLA over the last 3-4 years.

 

However you have raised two issues of concern

 

The first is my suggestion that you ask for sight of the contract between ACPOA and the DVLA - your 'guess' about that suggestion is unfortunately wrong

 

The next is the RAME case that you wish to have a link to

 

a) I can't give you a link because (i) there isn't one and (ii) in any case I don't have the authority of the RAME to publish or circulate the detail (although in due course the BBC South West should be putting an item out on it) and (iii) it is now at the Step 3 complaint stage with the DVLA CEO

 

and that's why

 

b) I quoted the salient text from that case that supports your argument, that's all you need. You either trust me and use it or you don't.

 

 

Good luck

 

Nev

[odds]

Thanks for clearing that up NevMet, I'll be responding to them very shortly then.

 

Pete.