Note to Keeper Soft appeal letter review

HO87

Unfortunately, as we have seen before, POPLA rarely uphold appeals solely on the basis of failure to comply with POFA so the purpose of adding this to the appeal to the company is as much to put them on notice as to appeal.

Following the pre-POFA route (that is, chasing the keeper on the baiss of the balance of probability they were the driver) is not a bar to the use of POFA. There are several PPC's who seem to prefer to keep their powder dry in the sense that they do not unambiguously state whether the PCN was issued for breach of contract, that it is a contractual charge or in respect of an alleged trespass.

rekelon

So really then, failure to comply with POFA has no bearing on the appeal process with POLA then? What does POLA then accepts as suitable grounds for appeal?

Umkomaas

rekelon wrote: »

So really then, failure to comply with POFA has no bearing on the appeal process with POLA then? What does POLA then accepts as suitable grounds for appeal?

Winning points are:

No genuine pre-estimate of loss (GPEOL forum shorthand)
No contract with landowner to pursue charges
No proprietary interest in the land
Less than compliant signage.

Keep an eye out for these key elements when reading up on developing your POPLA appeal.

rekelon

yes you are right,

forums.moneysavingexpert.com/showthread.php?t=4488337

Looking at this thread, those are indeed the keypoints that causes a pofla appeal to be accepted. I have included it as a link so others can easily get to it if needed.

hoohoo

Not complying with POFA is a winning point popla have upheld in the past...but it is important to get the wording right.

Eg the notices were not compliant with POFA 2012 because [reasons] , and therefore I am not liable as the keeper of the vehicle. Only the driver can be held liable and the operator has offered no proof to the identity of the driver.