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Messages - RegKeeper

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1
In the response there is a complaint number in the format 12345678-01PP, but on first look I thought that was just their internal complaint number not the BPA complaint number that we asked for, they didn't make it clear.


So do I still send the response to them? Considering that they have told me I exhausted their complaints procedure and they did supply a complaint number?

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You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.


I edited out those parts:


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Dear Sir/Madam,

Your response dated [insert date] fails to discharge your obligation under the Private Parking Single Code of Practice (PPSCoP).

Under Section 11.2, you were required to treat my formal complaint—because it relates to a parking charge—as an appeal. You have failed to properly consider the points raised, provided no meaningful response to the detailed issues of Keeper liability under PoFA, and crucially, have failed to issue a POPLA code, which is required if you reject an appeal.

If you continue to fail in your duties under the Code of Practice, I will report this separately as non-compliance. For the avoidance of doubt, I am also submitting a formal complaint to the DVLA regarding your misuse of keeper data and your failure to engage properly with the data subject. That complaint will proceed regardless of the outcome of your internal processes.

I expect your full response and the required reference number within 7 days.

Yours faithfully,

[Your Name]

And to the DVLA

Quote
I wish to raise a formal complaint regarding Premier Park Ltd and their breach of the Keeper at Date of Event (KADOE) contract.

Premier Park obtained my keeper data from the DVLA under the terms of the KADOE contract, which requires full compliance with the Private Parking Single Code of Practice (PPSCoP). However, they have failed to comply with key requirements of that Code.

Specifically, I submitted a formal complaint under Section 11.2 of the PPSCoP, which requires a complaint relating to a parking charge to be treated as an appeal. Premier Park failed to consider the appeal on its merits and did not issue a POPLA code, as they are required to do if rejecting an appeal.

This failure amount to breaches of the PPSCoP and therefore a breach of the KADOE contract. I request that the DVLA investigates this matter and takes appropriate enforcement or sanction action against Premier Park Ltd.

PCN Reference: [Insert PCN Reference]
Vehicle Registration Number: [Insert VRM]

2
Thanks for the reply.

Just want to check with you. When it says:

Quote
That section requires operators to engage with complaints in a structured and transparent way, and where the complaint cannot be resolved, to confirm that the internal complaints process has been exhausted and issue a complaint reference number for escalation to the BPA.

and in the complaint to the DVLA

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They also failed to deal with the complaint as a complaint under Section 11.1, and have refused to confirm that their internal complaints procedure has been exhausted or to issue a BPA complaint reference number, thereby obstructing escalation.

Haven't they done that by this line in their complaint rebuttal?

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You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.

Also would a complaint reference number look like this: 12345678-01PP?


--


And just so I understand when it says:
Quote
9(2)(e)(i) breach – failing to invite the Keeper to pay, instead stating the driver is liable.

We are attacking their failure to 'invite' the keeper to pay and just said that the keeper is liable. Instead of an direct invitation to pay it was information and who is liable, with the implied threat. And so the whole section is invalidated

In the NtK one of the first lines is "Please pay the reduced charge of £60.00 now."
And in the 'final reminder' it says "Pay your charge in full"

Could they claim these were invitations?

I looked through Pofa2012 and it does say: "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid"

Is that actually strong enough to invalidate the whole section? Even if it were to go to court? Do they have to directly say something like: "We now invite you, the keeper, to pay the outstand charge" under this regulation?

3
Update!

This is the reply I received to the complaint I made:

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Dear ****

We write in response to your email dated 16th March 2025.

The PCN was issued because the vehicle was at ***Address***  for 2 hours and 22 minutes on the 14th January 2025 for ‘Failure to Pay for the Duration of Stay’.

This car park is monitored by Automatic Number Plate Recognition (ANPR) cameras which capture time and date stamped images of vehicles entering and exiting the car park to measure how long they remain on site.

The vehicle remained on site for 2 hours and 22 minutes, we can confirm we received payment for 2 hours however, as the vehicle remained on site for an additional 22 minutes without further payment, a PCN was issued.  

On the reverse of the PCN you received, there is a ‘useful information’ section that provides further information on Appeals and or Enquiries. This provides the relevant information regarding the appeals process. ‘All appeals must be submitted within 28 days (beginning with the day after that on which this notice is given)’, as we had not received an appeal in time and via the correct methods, we are unable to supply you with a POPLA code.

The PCN was issued on the 17th January 2025, as no payment or correspondence was received, a reminder letter was sent on 3rd February 2025. Both letters were sent to the same address provided to us by the DVLA. We cannot be held liable for your not having received these. It is the responsibility of the Registered keeper to ensure their address is correct and up to date with the DVLA.

After the period of 28 days beginning with the day after that on which this notice is given - the amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name and current address of the driver, under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the keeper so much of that parking charge amount as remains unpaid. If we are required to take further action to recover this Parking Charge the amount due may increase to up to £170.00.

Pursuant to the Protection of Freedoms Act 2012, we are entitled to hold the Registered Keeper of a Vehicle liable for any Parking Charges which result from a breach of contract should the Registered Keeper be unable and/or declined to provide the full name and full serviceable address of the Driver of the Vehicle on the contravention date. This information has not been provided, and consequently, you as the Registered Keeper are the liable party in relation to the above Parking Charge Notice.

As set out above, our position remains that the Parking Charge Notice was issued correctly. 

Please be advised, that we have instructed Debt Recovery Plus Limited to recover the outstanding balance of the Parking Charge Notice and they continue to have conduct in this matter. Accordingly, all further correspondence concerning the Parking Charge Notice and settlement of the same will need to be sent directly to them and not ourselves. 

We thank you for contacting us and trust the above response addresses your queries. Please note, any further correspondence received from you will be logged but may not be responded to.

You have now exhausted our internal company complaints procedure. If you remain unsatisfied by our response you may contact the British Parking Association (BPA) for further escalation for complaints pertaining to parking enforcement.

You will be required to upload a copy of this response as part of your evidence submission to the BPA. If this is not provided, the BPA will be unable to consider your complaint.

Further information can be found by visiting the BPA’s AOS Complaints Portal can be found by visiting https://www.britishparking.co.uk/Contact-Us-Public

------------


So they didn't give me a POPLA code and conveniently avoided addressing any of the actual points in the complaint ::)

4
Yeah makes sense.

I have received a reply from the pub the car park is attached to:

-----

I m afraid we don't actually own the car park its owned by Premier park you will have to contact them. Sadly we hold no say over them.

-----

So I guess that rules out that out.

5
Sent! Amazing write up thanks for your time and effort!

Are we expecting them to reject this appeal and then we get a POPLA code or is there a possibility they could give up at this stage?

6
@b789

Thank you for that, seems promising especially with that court ruling!

I am passed the time allowed for appeal on the Premier Park website and just get this message:

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This PCN has been transferred to our Debt Recovery Agent
Please contact us if you wish to enquire about this PCN

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But they also state:

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APPEALS CANNOT BE CONSIDERED OVER THE TELEPHONE OR BY SENDING AN E-MAIL. WE CURRENTLY ONLY ACCEPT APPEALS SENT USING THE ONLINE FORM BELOW OR SENT TO US BY POST.

---

So at this point should I just wait for the LOC to come through as I can't get a POPLA number if I can't make a claim with the company correct?

Thanks

7
Do you know if the land is part of the Pub?

I used the free service on the land registry website and it stated that the area of the car park fell under "***Pub Name** and grounds" so I guess I can assume that it is.

In either case I've emailed the pub to ask if they can intervene but as of yet haven't heard anything back.

8
Here you go :)

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9
Here is a picture of one of the signs:

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10
This is the original email I sent to change my address:

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Dear Sir/Madam,



Please send all correspondence regarding car with registration **** to:

***Correct Address***

Please can I ask you to resend any previous correspondence to the above correct address:

***Correct address***

Please erase from your records the incorrect address of:

***Incorrect address***

I have attached for the purposes of proof the V5C logbook for ***Reg*** and a bank statement.

Thank you for your time.

Yours faithfully,

***Name***

--------------

After further research on this forum I then sent this one the next day:

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Dear Sir/Madam,

Car Registration: ***Reg***

I am writing to request the rectification of my personal data under Article 16 of the UK General Data Protection Regulation (UK GDPR). I instruct Premier Park Ltd to update their records to reflect my current address for service:

***Correct Address***

Additionally, I request that you erase any other address or addresses you may currently hold for me in compliance with Article 17 of the UK GDPR.

It has come to my attention that a Parking Charge Notice (PCN) may have been issued and sent to an address that is now out of date. To ensure compliance with data protection laws and to avoid any further miscommunication, I require you to rectify this issue by updating your records accordingly.

Furthermore, if my personal data has been shared with any third parties, I instruct you to ensure that they also rectify their records and erase any incorrect or outdated address information. Under Article 19 of the UK GDPR, it is your responsibility to notify such third parties of the rectification or erasure of personal data.

To verify my identity and current address, I am providing a copy of my V5C document. This document serves as sufficient evidence for data verification purposes.

Please confirm in writing that:

1.My address has been updated in your records.
2. All other addresses held have been erased.
3. Any third parties with whom my data has been shared have been notified to rectify or erase my data.

I also request that any time frames/time limits and processes for any outstanding Parking Charge Notices be reset due to the possibility that correspondence has not been received, allowing the opportunity to appeal. Furthermore, I request that all correspondence be resent to the above address allowing sufficient time to respond.

Yours faithfully,
---------

Yesterday they responded to my first email:

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Dear ***Name***

We write in response to the below email.



Please accept this email as confirmation that we have updated your address on our systems and have notified Debt Recovery Plus of the same.

Whilst we note that you have requested erasure of your prior address, as this was provided by the DVLA, due to our obligations we are unable to erase the same.

We note your request for correspondence previously sent and can confirm that we have attached the same to this email for your perusal.

If, for any reason, you are dissatisfied with this response you have the right to raise a complaint with the Information Commissioner’s Office (ICO) via https://ico.org.uk/make-a-complaint/

Prior to making a complaint, you may wish to contact the ICO helpline on 0303 123 1113, which will advise you in relation to your rights and our obligations under Data Protection legislation. 

We thank you for contacting us.

---------

They, as of yet, haven't responded to my second email.

11
Thanks for replying. I’ll upload them as soon as I get home.

Yes the driver was a customer of the pub.

I haven’t contact the pub yet no, there is a sign in the car park saying that they don’t have anything to do with it. But I will email them to try at least.

12
Hi all.

I wonder if you could have a look at this NTK and reminder to see if there is anything I could fight with this PCN.

This is already at the debt collector stage as the NTK and Reminder weren't originally received because of incorrect address on V5C (corrected now).

A parking ticket was purchased for 2 hours.

I can post the debt collector letter aswell if needed. I also have pics of the signs and ANPR cam locations.


Thanks for your help.

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13
Yes they are. One (with the debt recovery firm) is for the first time the car was parked and the other (cancelled) was for the 3rd time. The car was parked same day, around same time, every week starting Jan 14th until 18th Feb.

If I draw their attention to the successful appeal is there a possibility they could retract it or reissue the PCN under a new number or something?

Also, who should I contact at the parking company, I only have the email for the DPO? I've looked on the website and can't see another email to contact.

Thanks

14
Hi thanks for replying. I will get right on that a send another DRN with those keywords thanks.

Apologies I should have explained it clearer.

The first letter i received was the final warning which I appealed on their website, not mentioning who was the driver just saying that I hadn't received the first letter and to let me pay the initial amount. They replied with this:

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"We write to acknowledge receipt of your recent online appeal against the issuing of a Parking Charge Notice (PCN) to your vehicle.

 

Please be advised that on this occasion your appeal has been upheld and the above PCN has now been cancelled.  We have now removed your details from this PCN."

-----

And I have not heard anything more about it since 4th March. So I assumed this one was dead for whatever reason.


The second letter I received was for a different PCN from an earlier date. This was from Debt Recover Plus. I have not engaged at all with this PCN except to try to appeal on the website again but was given the message that I can't appeal.

So as of this moment I have received letters about 2 different PCNs but only one is 'live'. This one is with a debt recovery firm. I know from here not to engage with them but just wanted to know what to do next, is it possible if this case goes all the way to court it can be defended? The driver having bought a ticket and then supposedly overstayed? I haven't admitted who the driver is of either as far as I'm aware.

There is actually a special made sign in the car park that says the pub has nothing to do with the carpark. I've looked up on land registry (just the free register so far) and it says the area is The Pub and Grounds. Would I need to speak to the manager or ask them who the owner is and how to get in contact?

Thank so much for your help.

15
Hi all, firstly just want to say that you people are doing great work helping poor souls that fall foul of these companies.

This may be bit of a complicated one so please bear with me. I don't know how vague i have to be so please let me know if it safe to reveal more details.

In January the driver decided they needed to be more social so started attending a group in a local pub one night a week. Behind the pub is a carpark which the driver parked in and bought a ticket.

All was good until the keeper received a letter forwarded from their previous address marked 'Final notice before action' for 'Failure to pay for Duration of Stay ANPR.' The pictures show the car arriving and leaving about 22mins over the time bought on the ticket. This notice said that the £40 discount from the previous letter had been lost and £100 was to be paid.

The keeper had made the classic mistake of updating the driving licence but not the v5c as they were not aware. They updated the address on the v5c as soon as the pcn letter came through.

The keeper appealed on the company website that due to a change of address they had not received the first letter with the discount and to please give them the chance to pay the discount (naive yes). They responded that the appeal had been upheld and the pcn had been cancelled.(???)

A week or so later the keeper recieved another letter forwarded from the previous address: this time from a debt collection agency. It was dated 20/02 and was received at the keepers new house 10/03. It was for a parking charge previous to the one discussed above for the same reason 'Failure to pay for the duration of stay.'

The keeper has emailed the DPO of the company stating the the address for the car is wrong, giving the new address and asking to resend all correspondence.

The keeper reasons that potentially there could be 4-5 instances where a pcn from this car park could have been sent to the previous address and then lost in the redirection or have not arrived at the new address yet. Each time a ticket was bought but time may have been overun. So potentially a lot of money building up in these cases.

Please advise me on the best course of action as you see it. The keeper was considering a SAR as the next step but thought its best to ask here first.

Thanks for your time.


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