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  • FIRST POST
    • MUMMYOF4SMALLS
    • By MUMMYOF4SMALLS 29th Aug 17, 9:28 PM
    • 10Posts
    • 1Thanks
    MUMMYOF4SMALLS
    Please could admin OK my POPLA appeal letter?
    • #1
    • 29th Aug 17, 9:28 PM
    Please could admin OK my POPLA appeal letter? 29th Aug 17 at 9:28 PM
    Hi
    Its been a couple of years since I had your help and need to request it again please. Before I post here, I just wanted to check I'm in the right place to have a POPLA appeal letter checked over?
    TIA
Page 2
    • mummyof4smalls
    • By mummyof4smalls 4th Oct 17, 12:42 PM
    • 17 Posts
    • 24 Thanks
    mummyof4smalls
    Successful popla decision ecp gatwick 04.10.17
    Thanks to all for your help on this matter 🙏👍
    POPLA decision - SUCCESSFUL
    ECP GATWICK
    4/10/17
    Assessor supporting rational for decision
    The appellant has raised numerous grounds of appeal, but my assessment will focus solely on whether the PCN issued by the operator is compliant with PoFA. When a parking operator is pursuing a keeper as liable for a charge, it must satisfy the requirements of PoFA. Within PoFA 2012 it states at Paragraph 9(2)(f) that the notice to keeper must: “warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given – (i) The amount of the unpaid parking charges specified under paragraph (d) has not been paid in full; and (ii) The creditor does not know both the name of the driver and a current address for service for the driver, 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;” As such, transfer of liability occurs after ‘28 days beginning with the day after the date the notice is given’. Within PoFA 2012, it further states that: “a notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.” Therefore, it is clear that the date the Notice to Keeper was posted is the key date in determining when the 28-day period begins. Having considered the Notice to Keeper sent in this instance, the wording used is as follows: “You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and the current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act.” However, I note that the “Date Issued” referred to above is not the date the Notice to Keeper was posted and is instead, the date of the parking event. As such, it is clear that while the operator has attempted to comply with the requirements of Schedule 4 of PoFA 2012, its reference to the “Date Issued” is incorrect and the impact of this is that the keeper would not be given the correct length of time to provide details of the driver. On this basis, I can only conclude that the Notice to Keeper would fail to meet the strict requirements of PoFA 2012.” Upon consideration of this evidence, I cannot confirm that the PCN has been issued correctly. Accordingly I must allow this appeal. I note that the appellant has raised further grounds for appeal in this case, however as I have allowed the appeal for this reason, I have not considered them.
    • nosferatu1001
    • By nosferatu1001 4th Oct 17, 12:51 PM
    • 579 Posts
    • 701 Thanks
    nosferatu1001
    Perfect

    "However, I note that the “Date Issued” referred to above is not the date the Notice to Keeper was posted and is instead, the date of the parking event"

    Exactly the problem with NtK at that time.
    • Redx
    • By Redx 4th Oct 17, 1:03 PM
    • 16,105 Posts
    • 20,178 Thanks
    Redx
    well done , a win is a win , even on a technicality

    they have had 5 YEARS to get it right , numpties !! lol
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 4th Oct 17, 8:53 PM
    • 50,750 Posts
    • 64,164 Thanks
    Coupon-mad
    Great stuff - ECP can't seem to get this right. It's only five YEARS since the POFA was enacted.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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