Topher Charge Notice

nigelbb

We have seen a POPLA submission from Topher claiming that the breach of the T&Cs is not paying the £85 agreed contractual charge. The OP needs to be careful with the wording & not rely on 'no GPEOL' just because their is a claim of 'breach of T&Cs'. It needs to be followed up with a refutation that there was any agreed charge. This is why it is very important to know what is written on the signs. It's doubtless an £85 penalty dressed up us a contractual charge but we need to see the EXACT words.

Bertie129

Coupon-mad wrote: »

NTK which is not POFA 2012 compliant so there is NO chance of 'keeper liability'! *:
* add in a section about non-compliant Notice to Keeper so there is no keeper liability (you will find a POPLA appeal with that paragraph in the same link in the NEWBIES thread - have a look at a CEL one for starters). Your NTK fails to identify the creditor and fails to warn the keeper about 'keeper liability' under POFA 2012 if they do not name the driver nor pay the charge within 28 days.

Thanks, could you help me find the paragraph relating to a non-compliant NtK? I've searched but I can't find this!

Thanks!

Bertie129

Think I've found one ... how's this?

The Notice to Keeper sent by Topher Ltd to myself is not compliant with schedule 4 of the Protection of Freedoms Act (POFA) 2012. The keeper is entitled to know the party with whom any purported contract was made, and under the POFA, the Notice to Keeper is required to specifically identify the creditor, as well as to warn the registered keeper of any liability they may face for parking charges. Since Topher Ltd has failed to provide this information, they cannot attempt to claim recovery of any charges from the registered keeper of the vehicle.

nigelbb

What was the date of the parking 'crime'?

What date did you receive the Notice To Keeper?

Bertie129

Hi there, it was received within 14 days, I checked.

Coupon-mad

Bertie129 wrote: »

Think I've found one ... how's this?

The Notice to Keeper sent by Topher Ltd to myself is not compliant with schedule 4 of the Protection of Freedoms Act (POFA) 2012. The keeper is entitled to know the party with whom any purported contract was made, and under the POFA, the Notice to Keeper is required to specifically identify the creditor, as well as to warn the registered keeper of any liability they may face for parking charges. Since Topher Ltd has failed to provide this information, they cannot attempt to claim recovery of any charges from the registered keeper of the vehicle.

That's only the half of it! You need to read the examples in the NEWBIES thread post #3 and look at the Civil Enforcement (CEL) one as I said before:

https://forums.moneysavingexpert.com/discussion/4816822

HTH

Bertie129

[edited duplicate posting]

Bertie129

Thanks everyone. Still no word from POPLA! Their acknowledgement said that the appeal would be considered on or soon after the 12th August. Should I contact them to chase them up?

At least the charge notices have stopped coming for now. I just want this to be over with one way or the other, I'm going to complain the heck out of Homebase for subjecting their customers to this harassment!

Edna_Basher

Hi Bertie129

Have Topher sent you their evidence pack yet? If not, it might be worthwhile dropping POPLA an e-mail along the lines of:

"Dear POPLA Appeals Team

In follow-up to your notification that Topher Limited would send me its evidence prior to our POPLA hearing scheduled to take place on or soon after 12th August, I write to advise you that I have received no communication from Topher Limited in this respect.

It is possible that Topher Limited may have already sent you the evidence and it may simply have been an oversight that it did not also provide me with this. If this is so, then I should be very grateful if you would forward a copy of Topher Limited's submission to me as a matter of urgency. Alternatively, if Topher Limited has not provided you with its evidence, please let me know by return. I would be very disappointed to learn that Topher Limited had failed to engage in the arbitration process and if this is the case, may I assume that my appeal to POPLA is upheld?

I look forward to hearing from you.

Yours etc."

A few months ago, I was in the same boat as you (albeit with a different PPC). I sent POPLA an e-mail along these lines and two days later received their confirmation that my POPLA appeal had been upheld on the basis of PSDNSU.

Bertie129

Thanks, no communication received from Topher. Will send an email along those lines. Thanks very much!