Parking company failed to respond to appeal

[Goodbyebri]

I made an appeal on a parking charge due to it arriving 16 days after the event. I have a confirmation that the appeal was received. It's 62 days after I filed the appeal and other then the confirmation that my appeal had been received I've heard nothing from the parking company. This morning I've had a reminder letter stating that I still owe £100, no mention of the appeal. Am I right in thinking that if the appeal isn't processed within 56 days I automatically win and the charge is void? And if so does anyone have a template letter I can send to make these reminders stop?

[des8]

Original thread here: https://legalbeagles.info/forums/for...oms-act-appeal

That 56 day time limit I believe only applies to Council issued PCNs
Parking companies normally respond to appeals within 7 to 10 days and tell you how to appeal to PoPLA or IAS

Bank Park are members of IAS and their Code of Practice (https://www.theias.org/uploads/BA5eF...2019-V1-V2.pdf) covers appeals in section 19.

I would respond telling them they have failed to respond to your appeal which they received on dd/mm and so are in contravention of the IAS Code of Practice and as it is now 9 weeks later you don't expect to hear from them again except to confirm they have removed your details from their data base.

Hopefully they will stop hassling you, but nothing is certain.

[Goodbyebri]

Great. Thanks, I'll do that.

[Goodbyebri]

Update: 107 days after summiting my appeal they have finally responded me to say it has been rejected. Is my next move to appeal with the IAS?

[charitynjw]

Update: 107 days after summiting my appeal they have finally responded me to say it has been rejected. Is my next move to appeal with the IAS?

Post up the rejection (suitably redacted).
Btw, did you ID who was driving? (In your representation to the parking co, or at any time).

[Goodbyebri]

No, I did not ID the driver. This was my appeal:

'I am the registered keeper of the above vehicle and am in receipt of the PCN you issued, delivered by post to my address on Saturday the 5th of November. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.'

Attached is the rejection email. It presumes I am the driver, obviously a copy and paste standard response. It is dated 01/12/2022 but they have only actually sent it to my today (via email) and offered a reduced price if paid within the next 14 days.

[charitynjw]

No, I did not ID the driver. This was my appeal:

'I am the registered keeper of the above vehicle and am in receipt of the PCN you issued, delivered by post to my address on Saturday the 5th of November. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the prescribed relevant period of 14 days, contrary to section 9 (4) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.'

Attached is the rejection email. It presumes I am the driver, obviously a copy and paste standard response. It is dated 01/12/2022 but they have only actually sent it to my today (via email) and offered a reduced price if paid within the next 14 days.

If it were me I'd appeal to IAS as keeper using the same argument as before, if only to exhaust the appeals proedure.
Keep in mind that IPC (the trade assn) & IAS are owned by the same company.

The Independent Appeals Service is trading style of United Trade and Industry Ltd, Registered in England and Wales (08248531), Unit 9 & 14, Waterside Mill, Waterside, Macclesfield SK11 7HG
Registered Data Controller: ICO number Z3417654

The International Parking Community (IPC) is a trading name of United trade and industry Limited (08248531) (UNITI) which is a company registered in England & Wales whose address is Waterside House, Waterside, Macclesfield, SK11 7HG.

[Goodbyebri]

I will do that. IAS code of practice also states:


19 Internal Appeals
19.1 Where a Parking Charge is issued or Unpaid Tariff is pursued Operators must provide Motorists with an Internal Appeals procedure. As a minimum, Operators must:

19.1.1 Inform Motorists of the Internal Appeals procedures when they issue a Parking Charge of Notice of Unpaid Tariff.
19.1.2 Identify the appeals procedure including the manner in which appeals can be made, to whom they should be made, and the timeframe for lodging an appeal.
19.1.3 Allow a minimum of 21 days from imposition for the Motorist to lodge an appeal with you and make representations.
19.1.4 Respond to appeals within 28 days. Where a decision on the appeal is not concluded within 28 days the Operator must acknowledge the appeal and confirm the timeframe for concluding it.
19.1.5 Consider appeals which are received outside of the normal period usually allowed for lodging an appeal where there are exceptional circumstances for the appeal not being lodged within the normal time frames.
19.1.6 Offer the reduced rate of payment for a further 14 days from the date of rejection of the appeal where the original appeal is received within the timeframe for making payment at the reduced rate.

I emailed them, as advised in their letter on 05/11/22, received an instant automated response saying my email is being treated as an appeal and then nothing for 107 days. 107 days to reply to an appeal is unacceptable.

[des8]

You do realise your appeal will probably not even be accepted by IAS as it is not made within 21 days of the rejection letter and so could well be ruled out of time.

I (stress "I") wouldn't bother with IAS, but write directly to Bank Park pointing out they have not kept to their own rules and appear either not to have read your letter or do not understand PoFA 2012,
In any case I would also remind them that they are now in danger of being sued for harassment, as indicated in your earlier letter they are causing you alarm and distress by vexatiously pursuing an alleged debt for which you are not responsible

[charitynjw]

I will do that. IAS code of practice also states:


19 Internal Appeals
19.1 Where a Parking Charge is issued or Unpaid Tariff is pursued Operators must provide Motorists with an Internal Appeals procedure. As a minimum, Operators must:

19.1.1 Inform Motorists of the Internal Appeals procedures when they issue a Parking Charge of Notice of Unpaid Tariff.
19.1.2 Identify the appeals procedure including the manner in which appeals can be made, to whom they should be made, and the timeframe for lodging an appeal.
19.1.3 Allow a minimum of 21 days from imposition for the Motorist to lodge an appeal with you and make representations.
19.1.4 Respond to appeals within 28 days. Where a decision on the appeal is not concluded within 28 days the Operator must acknowledge the appeal and confirm the timeframe for concluding it.
19.1.5 Consider appeals which are received outside of the normal period usually allowed for lodging an appeal where there are exceptional circumstances for the appeal not being lodged within the normal time frames.
19.1.6 Offer the reduced rate of payment for a further 14 days from the date of rejection of the appeal where the original appeal is received within the timeframe for making payment at the reduced rate.

I emailed them, as advised in their letter on 05/11/22, received an instant automated response saying my email is being treated as an appeal and then nothing for 107 days. 107 days to reply to an appeal is unacceptable.

They can consider appeals outside of the usual 21 days, but that is pretty much at their discretion.
I wouldn't put money on them being considerate.