Parking Eye issues **Won at POPLA**

[T25]

Parking Eye sent a PCN to my wife,the registered keeper of the vehicle.She sent it back explaining that I was the driver on the day in question and that I would be appealing.They then sent a rejection and POPLA code to her,along with a PCN to me.We tried to enter the POPLA code but it was rejected.I then contacted P.E. again,via their website and also by registered post,stating that I was the driver and again appealing the charges.All this was before Christmas.So far,no correspondence has been received.I have also tried to contact Richard Reeve,POPLA tribunals manager but the phone just rings and then goes dead.

[ploddertom]

Own thread created.

[ericsbrother]

Then fire off a letter to POPLA rather than using the online appeal and quote the POPLA ref number given to you and point out the problem with it and ask them if PE are issuing spurious codes. Also point out that the time taken to get this information will undoubtedly cause you to time out on your appeal so they should consider this to be an appeal and the details will be forwarded once you have your response. Copy it to the BPA

[T25]

Got a reply from the BPA telling me to contact PE and request a new code.Wrote to them asking for a valid code or I would be considering the matter closed.So far,nothing has arrived.As for POPLA,not heard anything from them either.

[ericsbrother]

Then they will soon me timed out to pursue your wife anyway so I wouldnt be bothering them again, let them decide how they wish to proceed as it has always been open to chase the driver if it is known who it is. When they do contavt you you can use the very fact that they havent followed procedures to bat off a claim, although I would strengthen it with other tried and tested responses..

[T25]

Received another rejection of my appeal from PE today,along with another invalid POPLA code.Once again,I have written to the BPA and POPLA making them aware of this.

I am beginning to think that this is some sort of merry-go-round.

[T25]

BPA replied to me and offered to question PE on my behalf.In the meantime,thought I would try the code on the POPLA site again and suddenly it has been accepted!

Something very odd going on here.....

[Nev Met]

Hmmmm........

 

Go onto the Parking Prankster's blog and decipher the POPLA Code you have been given to see what date it purports to have been issued on.

 

The linky is here http://parking-prankster.blogspot.co.uk/2013/07/what-does-my-popla-code-mean.html

 

but if that doesn't work then google "Parking Prankster Popla Code"

 

These codes are date sensitive so you only have 28 days from the start date of the code to get your Popla appeal in.

[T25]

Interesting....

On checking the POPLA code it dates to 20/12/2013. This was sent to my wife in a rejection letter dated 21/11/2013.(even though I had informed them I was the one appealing)

The second rejection letter,this time addressed to me,contained exactly the same code but was dated 19/02/2014..........so well out of the appeal date window.

[Nev Met]

Put in a complaint to the BPA Ltd, send it to Peter Beasley who is the compliance manager [[email protected]] and make sure that you head it up as a 'Formal Complaint' [and make sure that you ask for the unique complaint reference number]

 

In essence, Parking Eye have denied you your right to take the matter to POPLA for independent adjudication by issuing you with an out of date code [don't forget to mention when they sent it to your wife they had also clipped a day off it as well - this is sharpe practice]

 

Make sure that you copy in David Dunford at the DVLA [[email protected]] data sharing team. Why? because ParkingEye should be sanctioned for this abuse and Mr Beasley wont want to because ParkingEye are there biggest member (and contributor of funds to the BPA Ltd war chest).

 

When the BPA Ltd eventually tell you that it was a oversight by ParkingEye and they aren't going to take any action (but he will thank you for bringing matters to their attention and thereby helping to raise standards in the private parking industry) you then bang in a follow up complaint to the DVLA stating that the BPA Ltd are failing as an ATA because they refuse to sanction ParkingEye.

 

*****EDIT***** The below is further guidance that the BPA Ltd issued to it's members (because of such ongoing 'sharp' practices)

 

The British Parking Association Limited have issued the following guidelines to all members.

 

“the following practices may be considered as Code breaches and must not be continued:

 

• Asking the motorist to enter into additional correspondence to obtain a POPLA code

• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence

• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection

• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied“

[T25]

'tis done....lets see what develops.......watch this space.

[T25]

Ok............so no surprise that today I received a rejection to my appeal to POPLA,based on the fact that I was outside the 28 day appeal period.In the meantime,I have written to the BPA regarding all of the details above,including copies of paperwork and dates,and they are investigating the issue.I am waiting for them to get back to me.I will keep you updated with what they come back with and any further action.

Edited March 11, 2014 by T25
repeating myself

[T25]

So.....POPLA have now replied to me after I sent them a copy of the rejection letter I received from PE containing a POPLA code that was 2 months out of date.They have said they have now received my appeal and will be sending it to PE,who will then send their evidence to them and me prior to the scheduled date of hearing.

Should the whole thing not be cancelled due to PE not allowing me to appeal within 28 days of the PCN?

[ericsbrother]

Theoretically PE have failed to follow the regulations and thus can only chase the driver of the vehicle. However, getting POPLA to accept you appeal will cost PE money and now time to seek all of the evidence that they had probably archived and collate it and send it to POPLA, only to have you claim no GPEOL and defeat then so they may not bother contesting at all.

[T25]

I have now received an email from the BPA thanking me for bringing this matter to their attention and stating that they will be investigating.

[JoeyJoeC]

Why are parking eye allowed to get away with this? Probably due to the amount of money they bring in?

[ericsbrother]

If they were stopped from misbehaving the entire threat of financial punishment of the motorist would disappear and the BPA would cease to exist.

[T25]

Received from BPA:

"I have investigated your complaint with the operator and can advise as follows. The POPLA Code issued to you does appear to be correct.

 

The operator has confirmed that a POPLA appeal has been lodged using the code XXXXXXXX. Parking Eye have advised that the charge is currently on hold until POPLA make a decision.

 

Therefore, as the Code was not incorrect and you have managed to appeal to POPLA, I have closed the case.

 

Thank you for bringing this matter to my attention."

 

I have now written to the BPA again to ask why POPLA rejected my appeal as out of date if the code was correct?

[ericsbrother]

Have you submitted a written appeal or just tried the online system. I always recommend a written appeal as you can send a lot more evidence, pictures, diagrams, video etc that will not be looked at as online it will nearly always be in the wrong format (surprise surprise). Whack in your appeal with a copy of the letter from the BPA by post and tell them that their online system is obviously faulty or PE didnt send out the rejection letter and code in time. (common)

[T25]

When POPLA decided to reject my appeal on 6th March they included a full transcript of the letter I had sent them,stating that they could not consider the appeal as it was over 28 days since I had received my rejection letter from PE.I then sent them a copy of the rejection letter,dated 21st Feb,from PE and they have now decided that they can accept my appeal.The POPLA code is exactly the same as the one sent to my wife back in November,when the original incident took place.

[ericsbrother]

a complaint to the BPA is in order stating that PE are misusing th appeals system by giving out expired POPLA codes in an attempt to prevent an appeal being lodged by the appropriate person. Send copy of the paperwork you have and you will get a reply but not get told what the BPA are doing to punish their biggest subscriber (as if!). However, complain to the POPLA boss (details are available in one of Nev Met's postings somewhere) and say that this is not uncommon with PE and when are they going to do something about it such as automatically find in appellants favour for the deliberate misuse of process.

Good luck!

[T25]

This has already been done,prior to the reply outlined in post 18. This is becoming like a big merry-go-round between PE,POPLA,BPA and me!

[ericsbrother]

Did you complain about the deliberate sending of out of date POPLA codes/ deliberate delay in issuing said code? This is not an oversight and there are several other examples on this forum. You should make it clear that it is the deliberate abuse of process you are complaing about and as such you want to know what sanctions are available or what compensatory measures the BPA can order from its members to people who are wronged. You have the evidence so make shure that they actually investigate and reply to you.

As POPLA have a legal function as decided by parliament a judicial review can be ordered into any maladministration so they will be likely to allow appeals where the parking co misbehaves but they should be pushed to make a pronouncement on this to reduse the liklihood of anyone seeking one because they havent given a fair chance of an appeal being heard. As yours has been accepted the best you can hope for is a determination that PE are in breach of the procedures and lose by default so it would be a point to raise with the Chief exec.

[T25]

So,six months later and finally a decision from POPLA:

 

Reasons for the Assessor’s Determination It is the Appellant’s case that the parking charge notice was issued incorrectly. The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were. Accordingly I have no option but to allow the appeal. Shehla Pirwany Assessor [unquote]

 

So,POPLA did the right thing,eventually.

[armadillo71]

Well done for persevering!

 

I hope you continue to spread the word about this disgraceful ' industry '.