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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Parking Eye 2nd letter reply help

Bob Kats
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Bob Kats

Bob Kats

Posted
Posted (edited)

Hi, I have received a parking charge for an overstay as captured by camera and have sent this reply to the first letter

 

As registered keeper of vehicle reg no. xxxxxx, I have received parking chargeicon notice ref xxxxxxxx.

Take this letter as my appeal, as I am not liable for this charge.

Please cancel this charge forthwith, or issue a validation code for the independent appeals service POPLAicon.

I am under no obligation to name the driver the vehicle.

No other correspondence will be entered into.

 

 

This is the response letter that I got on Monday

 

We are writing to advise you that your recent appeal has been referred for further information.

 

You have stated that you were not the driver of the vehicle at the time and date of the breech of the terms and conditions of the car park, but you have not indicated who was.

 

 

It then goes on to give some sections such as 9(2)(b) and 9(2)(f).

 

What should my reply be??

 

Kind regards

Edited by Bob Kats
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silverfox1961

silverfox1961

Posted
Posted

Hi and welcome to CAG

 

As they have not supplied a POPLA code in the first instance, you will need to write back demanding it and also report them to the BPA for failing to follow the protocols which should be used.

 

They are trying to use the 'further information' ruse to get you out of time for the POPLA appeal.

 

You need the POPLA code so that once your appeal goes in PE tend to lose. In fact, from recent postings, they don't seem to send an evidence bundle to you or POPLA and as such, the appeal is upheld

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Bob Kats

Bob Kats

Posted
  • Author
Posted

Thanks for taking the time to reply.

 

How should the letter for demanding a popla code be worded?

 

How should my complaint letter to BPA be worded and what evidence should I include?

 

Kind regards

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armadillo71

armadillo71

Posted
Posted
Thanks for taking the time to reply.

 

How should the letter for demanding a popla code be worded?

 

How should my complaint letter to BPA be worded and what evidence should I include?

 

Kind regards

 

Refer to your original appeal to PE and send it again to them.

Copy in/send to BPA as well with covering note stating that they are not following the COP that they must do, to allow electronic access to the DVLA.

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armadillo71

armadillo71

Posted
Posted

The POPLA timescale is 28 days from issue. PE will not have 'started the clock' yet. Other PPCs will do though. It is easy to check the code when you receive it.

 

What car park was the anpr capture in?

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armadillo71

armadillo71

Posted
Posted

*

which part of the code of practice are they not conforming too? or does simply stating you are not conforming to the code of practice outlined by BPA do enough?

 

There is notice from the BPA to its members stating that they should not be stalling on issuing POPLA codes. Can't find it at the moment but will do later. (Or someone else will!).

 

St peters retail park in Northampton?

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labrat

labrat

Posted
Posted

again

 

im sorely tempted to walk in of the car park holding a number plate, then walk out again a few hours later backwards holding the same plate see what happens

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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labrat

labrat

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/showthread.php?421806-Parking-Eye-Tissue-paper-Sutton-in-ashfield*Won-at-POPLA*-No-evidence-from-PE

 

read that one

 

its sutton in ashfield parking eye again, expect a miss-leading letter next

oh and remind them their in the chad several times

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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armadillo71

armadillo71

Posted
Posted
which part of the code of practice are they not conforming too? or does simply stating you are not conforming to the code of practice outlined by BPA do enough?

 

From the BPA COP;

 

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times.

 

 

This is what I was referring to earlier. Unfortunately it is a reply to an individual on another forum from the DVLA. Good info but can't really quote it.

 

Dear Mr XXXX,

 

Thank you for your patience in this matter.

 

The British Parking Association have now provided a response to myself.

 

The BPA have confirmed that this practice should not be occurring (as we already knew) and have taken steps to address this behaviour throughout the industry as this may not be an isolated incident.

 

The following message has now been issued by the BPA to all of their 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 “

I am hoping that this type of incident will not be occurring any more.

 

I wish to thank you of bringing this matter to the DVLA’s attention and ultimately, the BPA’s.

 

If you do encounter any further issues such as this, please do not hesitate to contact myself.

 

Kind regards

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