Staff Parking at Hospital - forgot to display permit. TPS Ticket. Ignore or appeal?

That was a perfectly good appeal. I would send them a reply:




Dear Sirs,

RE: MY RECENT CHALLENGE TO YOUR CHARGE NOTICE AND YOUR REJECTION - REF XXXXXXX
I fear someone in your 'Parking Control Dept' needs retraining as they have missed the fact that POPLA allows registered keepers to challenge a Notice to Keeper. I am perfectly at liberty to include in my clear challenge, the fact that the car is covered by a fully-paid permit and as such there was no loss to the parking firm or the hospital.

I assume your obfuscation is because you don't want to send me a POPLA code, so I have reported you to the BPA Ltd and the DVLA for this pathetic response to my clear challenge. No doubt you are aware that POPLA does find in favour of appellants on the grounds of 'no genuine pre-estimate of loss' every week. POPLA doesn't have trouble identifying that as a perfectly good appeal point alone - but in my case I didn't just allege 'no loss', indeed I even threw in the fact that 'the vehicle is (and was at the time) covered by a fully paid for permit'.

You cannot just reject my challenge because you don't like it, and yet not provide me with a POPLA code.

As for expecting a registered keeper to state whether they were driving or not I suggest you re-read the POFA 2012 because the Government decided that a registered keeper does not have to say who was driving (this was discussed when the Bill was being read in Parliament, by the way, but it was made clear that it was never the intention of the Act to hand private parking firms such powers). As you know, your Trade Body the BPA Ltd fought for registered keeper liability - as such, AOS members like TPS have to consider, accept or reject appeals from registered keepers like me. You have no powers to insist on knowing who was driving - obviously I am the registered keeper as you well know and that is sufficient reason for me to send the challenge. For the avoidance of doubt, the driver will not be identified during this appeal process.

In any case, why do you think you can tell me how to appeal and deny me a POPLA code? Perhaps you should remind yourselves of the contents of the latest POPLA newsletter: *

''Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it. Failure by an operator to provide a verification code in their rejection letter is a breach of the Code of Practice, sanctionable by the BPA.'''

So, perhaps you would like to have a re-think and as you would perhaps have liked some easier 'appeal points' I will oblige, since you are sitting in judgement. So, how about the fact that your Notice to Keeper is not POFA 2012 compliant? I'm adding that fact in now - in the interests of transparent and open communication - so that you are aware that it will be mentioned at POPLA stage. Your Notice fails to identify the creditor (which I would suggest could only be the Hospital seeing as that is the only party with which a contract exists, and TPS are mere agents in this regard). In addition, your Charge Notice wrongly states the time limits to pay/appeal where it says 'in accordance with the terms and conditions clearly displayed and agreed to when your vehicle was parked on our clients private property the payment is required within 14 days of the date of this notice' and it threatens to add an admin fee which cannot happen whilst an appeal is underway.

A Notice to Keeper which is to be relied upon to establish 'registered keeper liability' under the POFA 2012 must be fully compliant or it was never properly given.

In contrast, my challenge was properly given. POPLA code or cancel please.

yours,


REGISTERED KEEPER'S NAME














Here's the POPLA newsletter for you to read (don't attach it)
*http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html


...and the email addresses to complain to the BPA and DVLA are at the bottom of the NEWBIES READ THIS FIRST!' sticky thread. Definitely complain to both by email as firms like this who wriggle, rather than reject & send a POPLA code, deserve dropping in it.


HTH

You could say "I understand that you would require a serviceable name and address for the driver at the time and "serviceable" means "living in the UK".

As I am unable to supply such an address, please advise if you are willing to accept the appeal from me as the registered keeper or if you would release me from keeper liability if a serviceable name and address was out of the jurisdiction of England & Wales.

If the former, I expect you to accept my keeper appeal and eithe cancel the ticket or send a a POPLA code by return."

Although your letter is absolutely fine as well.