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#Post#: 59981--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: February 28, 2025, 8:55 am
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Thanks so much!
#Post#: 61520--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: March 9, 2025, 5:16 pm
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Hi there
Can I just confirm that we have until 19th March to go to POPLA?
We didn’t send the complaint over until 2nd March which would
mean a response by 16th March if they respond within the 14 days
outlined, so I thought this would be ok. However I have noticed
that everything on the letter says about 15th March? And on top
of that, it says we have 28 days from the date of the original
appeal rejection letter to submit an appeal which would actually
be 14th March?
Just wanted to confirm whether this is just another erring in
law of what’s written on the letter, or whether it is fact
earlier than 19th? And if so, what should we be including in the
POPLA appeal? The same as the complaint but rephrased as an
appeal? Just want to get it written in case they don’t respond
to the complaint in time.
Many thanks
#Post#: 61534--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: b789
Date: March 9, 2025, 6:52 pm
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The POPLA code is valid for 28 days after service of the
rejection. just like the courts, they allow 5 days for service,
so, the code is valid for 28 + 5 = 33 days. Just make sure you
get it submitted on their website by day 32 to be sure of
meeting the deadline.
#Post#: 61673--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: March 10, 2025, 11:05 am
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Thank you so much for this.
We received the response from our complaint today as follows:
Thank you for your email.
We have carefully reviewed your concerns and would like to
address the points raised.
Compliance with BPA and PoFA Guidelines
We operate in full compliance with the British Parking
Association (BPA) Code of Practice and the Protection of
Freedoms Act 2012 (PoFA). Our processes, including the issuance
of the Notice to Keeper (NtK) and appeal handling, adhere to the
relevant regulations.
Response to Appeal and Keeper Liability
Your appeal was thoroughly reviewed, and a response was sent on
14-02-2025 to the contact details provided. The rejection
outlined the reasons why the PCN remains valid. In accordance
with PoFA, as the registered keeper, liability may be
transferred to you if the driver’s details are not provided
within the prescribed period.
Use of DVLA Data and KADOE Contract Compliance
We lawfully obtained your registered keeper details from the
DVLA under the KADOE agreement. We remain in compliance with all
DVLA regulations, and no breaches of our access permissions have
occurred.
Appeal Deadline and POPLA Rights
The appeal deadline and your right to escalate to POPLA were
clearly stated in our rejection response. As per standard
procedure, the discount period applies within the timeframe
provided, and if no payment is made, the full charge is
applicable.
Details on how to transfer liability are clearly outlined in the
letter sent to you.
We are confident that we have responded appropriately and in
full compliance with the BPA Code of Practice. Given the above,
we do not find any grounds to uphold your complaint. The PCN
remains outstanding, and we kindly request that payment be made
at your earliest convenience.
Seem to have just brushed off all comments?
#Post#: 61722--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: b789
Date: March 10, 2025, 2:39 pm
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Write to the BPA with the following formal complaint and make
sure you attach copies of your original formal complaint to UKPA
and their brush-off response:
--- Quote ---
> Subject: Formal Complaint Against UKPA – PPSCoP
Non-Conformance and KADOE Breach
>
> Dear British Parking Association Complaints Team,
>
> I am submitting a formal complaint against UKPA for multiple
breaches of the Private Parking Single Code of Practice
(PPSCoP). This complaint relates to Parking Charge Notice (PCN)
[PCN Number], issued on [Date], and UKPA’s handling of my
appeal. Their response includes misleading and unlawful
statements that violate the PPSCoP.
>
> UKPA’s appeal rejection falsely claimed:
>
> [indent]"If the keeper names the driver and it subsequently
emerges that the driver was not suitably insured at the material
time, UKPA may consider referring the matter for criminal
prosecution, a £5,000 fine, and 6–8 penalty points."[/indent]
>
> This is legally incorrect and coercive. There is no legal
obligation for a keeper to name the driver. UKPA has no
authority to instigate criminal proceedings or impose fines.
This is a deliberate misrepresentation of authority, which is
classified as a Level 4 non-conformance under Annex H of the
PPSCoP.
>
> UKPA’s letter falsely claimed that a court will assume the
keeper was the driver unless they name someone else and that
failing to provide the driver’s details could result in legal
consequences that do not exist. These are misleading statements,
in breach of Annex H (Level 3 non-conformance).
>
> UKPA’s Notice to Keeper (NtK) is not compliant with the
Protection of Freedoms Act 2012 (PoFA). It fails to specify the
actual period of parking (PoFA 9(2)(a)) and does not properly
invite the keeper to pay (PoFA 9(2)(e)(i)). This is a Level 2
non-conformance under Annex H.
>
> I have already referred this matter to the DVLA for
investigation into UKPA’s breach of the Keeper at Date of Event
(KADOE) contract. UKPA’s failure to comply with the PPSCoP means
their access to DVLA keeper data is unlawful.
>
> I raised these issues with UKPA in a formal complaint, which
they dismissed without addressing any of the breaches. Copies of
my complaint and UKPA’s response are attached.
>
> I require the BPA to:
>
> [indent]• Investigate UKPA’s breaches of Annex H (Level 4,
Level 3, and Level 2 non-conformances).
> • Issue immediate sanction points.
> • Confirm whether UKPA has been instructed to amend its appeal
rejection templates to remove false legal threats.[/indent]
>
> Failure to address this complaint will result in further
escalation to Trading Standards. I expect a full response within
14 days.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
Send the following complaint to the DVLA and also include a copy
of your formal complaint to UKPA and their brush-off response:
--- Quote ---
> Subject: Complaint Against UK Parking Administration Ltd
(UKPA) – Misuse of DVLA Data and KADOE Breach
>
> Dear DVLA Data Complaints Team,
>
> I am submitting a formal complaint against UKPA for breaching
the Keeper at Date of Event (KADOE) contract by failing to
comply with the BPA/IPC Private Parking Single Code of Practice
(PPSCoP). UKPA obtained my details from the DVLA and issued
Parking Charge Notice (PCN) [PCN Number] on [Date]. Their appeal
rejection contained misleading and coercive statements, in
breach of both the PPSCoP and consumer protection laws.
>
> UKPA falsely claimed:
>
> [indent]"If the keeper names the driver and it subsequently
emerges that the driver was not suitably insured at the material
time, UKPA may consider referring the matter for criminal
prosecution, a £5,000 fine, and 6–8 penalty points."[/indent]
>
> This is completely false and designed to intimidate recipients
into paying. UKPA has no authority to bring criminal
proceedings, impose fines, or enforce penalty points. This is a
deliberate misrepresentation of authority and a Level 4
non-conformance under Annex H of the PPSCoP.
>
> UKPA’s Notice to Keeper (NtK) is not PoFA compliant, meaning
keeper liability does not apply.
>
> [indent]• PoFA 9(2)(a) – Fails to specify the actual period of
parking.
> • PoFA 9(2)(e)(i) – Fails to properly invite the keeper to
pay.[/indent]
>
> Since PoFA and PPSCoP compliance is a requirement of the KADOE
contract, UKPA’s use of DVLA data is unlawful.
>
> I raised these issues in a formal complaint to UKPA, which
they dismissed without addressing any of the breaches. Copies of
my complaint and UKPA’s response are attached.
>
> I request that the DVLA:
>
> [indent]• Investigate UKPA’s misuse of keeper data.
> • Suspend or review UKPA’s access to DVLA data.
> • Confirm whether UKPA has been instructed to remove false
legal threats from their appeal rejection templates.[/indent]
>
> UKPA’s failure to comply with PoFA and the PPSCoP renders
their access to DVLA data unlawful. I expect a full response
within 14 days.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
#Post#: 61808--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: March 11, 2025, 3:05 am
---------------------------------------------------------
Thanks so much for this. Will action both of these complaints
tomorrow.
In terms of the POPLA appeal - should I tweak the original
wording from the complaint?
#Post#: 61959--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: b789
Date: March 11, 2025, 1:54 pm
---------------------------------------------------------
Any POPLA appeal should be much more detailed as the POPLA
assessor will only now what you put in front of them and the
operators response after that. You will get an opportunity to
respond to the operators evidence.
You need to cover as many points as possible such as any PoFA
breaches which render the Pan non compliant and unable to hold
the Keeper liable, breaches of the PPSCoP which ender the PCN
invalid, signage which does not comply with the PPSCoP or is
capable of forming a contract, whether the operator has a valid
contract flowing from the landowner to them which authorises
them to issue CNs at the location and so on.
You have until the 19th March to submit your POPLA appeal. I
suggest you have a search on the forum for tooter POPLA appeals
to get an idea of how to put one together and then show us your
attempt s that we can then advise further.
#Post#: 62608--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: March 14, 2025, 5:43 pm
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Hi there,
Using the material provided from the original appeal, and a
couple of other's appeals, I have drafted the attached. Do I
need to expand more on the main points under PoFA and why these
are important? The version I cribbed from had a lot about the 28
days in 9(2)(f) and 9(6), but I don't think that applies here? I
tried to find other cases which examine the ANPR as being
problematic for period of parking, and for the right to appeal
being incorrect, but couldn't. Do you have any of these and is
it worth including?
I have kept in about the signage and posted google earth images
below. Please let me know whether you think it's worth keeping
in?
[attachment deleted by admin]
#Post#: 62609--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: b789
Date: March 14, 2025, 5:54 pm
---------------------------------------------------------
Not bad... except why does it say "Civil Enforcement Ltd PCN at
the top?
#Post#: 62669--------------------------------------------------
Re: PCN - The Colonnades Croydon - 31 Minutes over stay
DIR By: fizz90
Date: March 15, 2025, 10:33 am
---------------------------------------------------------
Ha probably just a cribbing error - I will remove.
If you had any other tips these would be gratefully received!
Thank you!
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