Free Traffic Legal Advice

Subject: PCN [ref] – Appeal acknowledgement evidence (9 September)

Dear Bank Park,

You asked for proof of the lodged appeal. Attached is the original .eml of your “appeal received” acknowledgement dated 9 September 2025, plus a screenshot/PDF.

Please log the appeal against PCN [ref] with receipt date 9/9/2025, place the case on hold, and confirm the decision deadline. Please also withdraw the reminder and confirm no data will be shared with third parties pending outcome. If your system does not show this, please provide your mail server logs for the date/time of the acknowledgement.

Yours sincerely,

[Name]
[Address]
[PCN ref]

Subject: Bank Park Management Ltd – PCN [ref]: Debt collection during unresolved appeal/complaint

Dear BPA AOS Investigations,

I require the BPA to take immediate action regarding Bank Park Management Ltd (AOS member) and PCN [ref]. The operator has escalated the case to ZZPS while both the appeal remained undecided and a formal complaint remained unanswered. This is an unfair commercial practice that will be reported to the Competition and Markets Authority under the Digital Markets, Competition and Consumers Act. The BPA, as the Approved Trade Association responsible for oversight, will be named in that referral for persistent failure to police member conduct.

Timeline:

• 9 September 2025 – Appeal lodged and acknowledged by Bank Park.
• 23 October 2025 – “Final Reminder” sent in place of a reasoned appeal decision.
• 3 November 2025 – Formal complaint submitted; only auto-responses received; no substantive outcome.
• [Date] – Debt-collection letter from ZZPS to the registered keeper while the appeal and complaint remain unresolved.

Primary issue: DMCC consumer harm and ATA oversight
Debt escalation during an unresolved appeal or complaint exerts pressure on the consumer to pay before any fair determination. It frustrates the dispute resolution framework and distorts decision-making. This is not a one-off; it reflects wider non-compliance among AOS members and repeated weaknesses in ATA oversight. I will therefore report both Bank Park and the BPA to the CMA under the DMCC.

Possible consequences under the DMCC for operators and facilitators include investigation and enforcement action for unfair commercial practices, enforcement orders and undertakings, significant monetary penalties including turnover-based fines with further penalties for non-compliance, and directions to improve systems and controls with public compliance statements.

Secondary issue: PPSCoP breach and KADOE misuse
While the consumer-protection breach is the headline, there are parallel PPSCoP failures requiring immediate BPA action: failure to pause enforcement while an appeal is outstanding; failure to issue a timely, reasoned decision with an independent appeal route; failure to run a compliant complaints process and to treat a complaint relating to a PCN as an appeal for timescales; improper debt escalation during an unresolved appeal or complaint; and hire-vehicle liability defects where the Notice to Hirer did not include the prescribed hire documents required for strict PoFA Schedule 4 paragraphs 13–14 compliance, so no hirer liability arises. These PPSCoP breaches also engage DVLA KADOE obligations. A copy of this complaint will be included in a formal DVLA complaint for misuse of keeper data while enforcement should have been paused.

Actions required from the BPA within 7 days:

1, Direct Bank Park to recall the case from ZZPS and any other debt recovery agent, pause all enforcement, and issue a reasoned appeal or complaint decision, resetting all deadlines from the date of that decision.

2. Record the compliance breaches against Bank Park and confirm the sanctions applied, such as compliance points, a mandatory corrective action plan, audit, or suspension.

3. Confirm the supervisory steps the BPA will take to prevent recurrence across AOS members, including clear instruction that debt recovery must not commence while an appeal or complaint is unresolved, with monitoring and consequences for breach.

Notice of escalation
If this is not resolved within 7 days, I will submit a CMA DMCC complaint naming Bank Park and the BPA as the ATA responsible for ineffective oversight, a DVLA KADOE misuse complaint (copying this letter), and a data protection complaint to the ICO concerning unlawful disclosure to a debt recovery agent during a paused dispute.

Evidence available on request:

• Appeal acknowledgement dated 9 September 2025.
• Final Reminder dated 23 October 2025.
• Formal complaint dated 3 November 2025 and auto-responses.
• ZZPS letter dated [date].
• Notice to Hirer (all pages).

Please confirm receipt and the immediate directions issued to Bank Park.

Yours faithfully,

[Name]
[Address]
[Email]
[PCN reference]