PCN from PPS Hull Dock

Hot_Bring

On at least two of those links I suspect a poor POPLA appeal based on the adjudicators statement.

Coupon-mad

Not sure about PPS because they suggest that top Management on £24 per hour personally spends 3 hours on every case. Ridiculous.

Coupon-mad

b1rdie wrote: »

Not sure what to do now, do I just leave it and wait for POPLA to write to me or do I try and pull something else together and send to POPLA prior to their decision. At the bottom of the letter that P Parking sent it states that :Regarding the registered keeper details this has not yet been applied for as the complainant has always indicated they were driving the vehicle Should this change we will apply for registered keeper’s details accordingly.

Ive never said to them that I was the driver of the vehicle as I wasnt......

Email POPLA again - urgently as the decision must be imminent! - just to add the above in a bit more important detail.

State that their evidence is flawed because you appealed but you were not the driver at all. Just because you sent an appeal early - having been alerted to the PCN by the driver - this Operator has made an assumption that you were driving and in doing so have now admitted they never got any keeper data from the DVLA. As such, you would like to point out that they have failed to establish keeper liability because (1) they never served any Notice to Keeper to the keeper and (2) because Hull Docks is covered by byelaws & is not relevant land.

So, it is a matter of fact and law that you CANNOT be held liable. Even if the Operator shows somehow that this area is not covered by the Docks byelaws and might be 'relevant land', the fact that they failed to serve a NTK removes any 'keeper liability' under POFA 2012. There is no scenario in Schedule 4 that allows them to omit a NTK from the process if they mistakenly assume an early challenge came from the driver. They should have checked and if they didn't know who was driving (and they did not because you didn't say, but in fact it was not you) they should have proceeded to get the keeper's data and served a NTK, notwithstanding the early challenge. And applying late - now - would be too late under POFA 2012.

EycplUK

Just a thought about the 2 tickets , 1 ticket is actually the parking ticket but the 2nd ticket actually shows your Credit or Debit card payment for the parking ticket ! ( if using either of these methods ) so the question springs to mind that as a parking ticket is all that is required to park why would PPS , or any other company , require or need you to display a payment method alongside the parking ticket ?
Would this not breach Data Protection in some way ?
Just a thought
Regards

nigelbb

Just as the road tax disc is being abolished there is no need for pay & display tickets or permits if the right system is in place. It's convenient for the operator to have a quick & easy means of knowing that the fee has been paid but not essential.

A failure to display is punished identically to not purchasing a ticket at all which is illogical. How can the alleged loss be the same? At the very least the amount the OP can prove they actually paid should be deducted from the sum claimed.

Coupon-mad

b1rdie please send that extra evidence I mentioned above, now as POPLA have fallen for that guff about 'Management at 3 hours (evidence gathering/appeal writing/POPLA replies) £71.65' ...in another case.

b1rdie

Appeal refused so do I now let them take me to court

b1rdie

Coupon-mad wrote: »

b1rdie please send that extra evidence I mentioned above, now as POPLA have fallen for that guff about 'Management at 3 hours (evidence gathering/appeal writing/POPLA replies) £71.65' ...in another case.

I sent the further evidence but looks like they have not received it as they have never responded to it - all done electronically via email

Coupon-mad

b1rdie wrote: »

Appeal refused so do I now let them take me to court

See my pm, let's take this off forum as the case is rare.

willberine

Hi CM - trying to PM you regarding this & another issue.....