G24 popla help please!

luluthezulu

Hello

I was wondering whether someone could help me pretty please? I need some advice on my defence to Popla. Short story:

-parked at Salford shopping city on 19th Aug and overstayed 60m (due to no fault of my own but G24 don't care)
-keeper of car received charge notice on 4th Sept (dated 1st sept) and notified them that I was the driver. I then recieved notice on 13th sept (dated 11th)
-I appealed to G24 with my mitigating circumstances to which they sent standard no letter via email but not to me (even though the appeal was from me) but to the keeper. Only reason I know is because the keeper told me they'd responded.

I've spent about 3 hours reading various posts and other forums/websites etc but can't seem to find an answer to my question which is:

If i send my appeal to Popla will I have a good chance of them allowing the appeal because;

1. They didn't send the notice to the keeper until after 14 days (2 days after posting date is when it is taken to recieve which is 15 days after me parking in the carpark and;
2. they haven't sent the reply to the appeal to me and in reality, I might never recieve it as I doubt they'd realise they've sent it to the wrong person. I think they have to reply within 36 days don't they? Is this a good enough reason for Popla to allow the appeal?

I would really appreciate your advice as if you don't think I've got a good chance of appeal, I think I'll just pay the £40 and have done with it.

Many thanks in advance for your help.

Coupon-mad

Point 1 yes, if sent on day 14 it's too late as it's assumed to arrive day 16, or later if a weekend. But why don't you just search the forum for 'G24 POPLA' to find an appeal already written? Or read post #3 of the Newbies sticky thread and click on 'How to win at POPLA' and copy/adapt a version about an ANPR camera PCN (e.g. Highview).

Loads of examples include a paragraph about a late postal PCN 'no keeper liability'.

luluthezulu

Thank you very much for your reply, I really appreciate it. Ive already read all the bits you've suggested and also done a search but as Ive explained I couldn't find the answers to my questions, especially point 2. And also wasn't sure whether keeper liability would apply to me as I'm not the keeper, I'm the driver?

Coupon-mad

No, don't continue to appeal as driver. They've sent the POPLA code to the keeper so, as a slam dunk win, the keeper sends the POPLA appeal. The keeper can't lose, in view of the late NTK, as long as they spell that out issue clearly as 'no keeper liability under the POFA 2012', among the usual paragraphs about no contract/no GPEOL.

Don't appeal (yourself, as driver) to POPLA, the keeper is in the strong position and will win. If the keeper isn't very techy or can't be bothered, as you are on the forum and have done the groundwork, you can do the actual copy & pasting of the POPLA appeal but write it as keeper and put the keeper's name at the bottom, not yours. Set up a throwaway email account in the keeper's name just for this POPLA appeal and make sure YOU know the login to check for the keeper's win in the end!

luluthezulu

Thank you for your help Coupon- mad! I'll do as you've advised and draft appeal from the keeper etc. I've managed to find the Highfield case after lots of searching!

So they won't come after me as the driver then if Popla appeal is won? And do you not think we'd have a more definite win if we went down the route that G24 didn't respond to my appeal within 35 days (assuming they won't click what they've done)?

Coupon-mad

They have to cancel the PCN when POPLA is won!

And do you not think we'd have a more definite win if we went down the route that G24 didn't respond to my appeal within 35 days (assuming they won't click what they've done)?

That's not even a point of appeal worth mentioning - you'd lose. The 35 days isn't set in stone and mere BPA code breaches don't win at POPLA. Don't even go there.

luluthezulu

Noted. Thanks v much again!