University parking, appeal rejected. POPLA code issued

xorkid

Hi folks,

Just looking to find out if I'm following the correct procedure and what are my chances of success with POPLA. Should I just pay £30?

A "Parking Charge" was apparently issued to a vehicle that I own on a university car park on 23/07/2014, and a notice to keeper issued on 24/09/2014. I appealed on the grounds that "The notice to keeper is incorrect" because it was received more than 56 days after the charge. the text of the appeal:

RE: ticketno/reg
You issued a notice to keeper on 24/09/2014 but I will not be paying your demand for the following reason :

• The notice to keeper is incorrect:
  The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. The Notice to Keeper arrived late after 56 days following the issue of a parking charge notice. As noted buy the dates on the notice to keeper.

The University/CPP rejected the appeal on the grounds

Although I appreciate your comments on S.4. PoFA 2012 this notice was issued under UK contract law.

In the same letter they give an appeal number for POPLA. If I appeal to POPLA, I will on these grounds:

* The NTK was late
* The charge (£80/£30) not a genuine pre-estimate of loss. [this reason was not in original appeal]

using the templates found here:
forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=3

forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15
(which one should I use?)


Cheers
Xorkid!

extras:

*The name on the notice to keep was slightly incorrect too - wrong initials.

*Although notice has the name of the university on it, the registered address is "nn4 7xn po box 597" i.e. Car Parking Partnership. Both are members of the BPA, and appears on this list: britishparking.co.uk/Approved-Operators .

Northlakes

The easy way out is to pay the £30 but a lesson for life is not to be taken in by PPC's and go to POPLA with a good appeal and you will win.

You would need to upload the NTK and signage (redacting any personal information so you cannot be identified) and an expert or two will point the way forward.

The info is all on this forum and hopefully you haven't given away the driver as the NTK is a winning point.

Guys_Dad

When did you receive the POPLA code? Is it in time? If so, you will win on out of time alone. See recent POPLA DECISIONS Sticky.

bazster

Does the Notice to Keeper mention PoFA 2012? Does the Notice to Keeper state that the keeper is liable, or will be if the driver isn't dobbed in to them?

Coupon-mad

what are my chances of success with POPLA?
If I appeal to POPLA, I will on these grounds:
* The NTK was late
* The charge (£80/£30) not a genuine pre-estimate of loss.

The keeper would win on those grounds, as long as you've not slipped up in the first appeal and implied who was driving. Doesn't matter if any POPLA appeal points were not in the first appeal. In fact you should include all the usual arguments you find in 'How to win at POPLA', the link in post #3 of the newbies sticky thread.

Should I just pay £30?

Obviously not! The keeper wins when the NTK is too late for keeper liability and/or if a PPC cannot be arsed to bother with the POFA - that's their silly fault!

xorkid

Does the Notice to Keeper mention PoFA 2012? Does the Notice to Keeper state that the keeper is liable, or will be if the driver isn't dobbed in to them?

The NtK doesn't say anything about liability, just "this notice is given to you because DVLA records show you were the keeper". Why does it matter?

When did you receive the POPLA code? Is it in time? If so, you will win on out of time alone.

In the last week or so. What do you mean 'in time'? I've checked the code is valid.

The keeper would win on those grounds, as long as you've not slipped up in the first appeal and implied who was driving.

a lesson for life is not to be taken in by PPC's and go to POPLA with a good appeal and you will win.

Thanks, very helpful! I'll draft an POPLA appeal and post here for feedback. I have not implied at all who was driving.

A University, a public body and a place of learning should know better than to be factually incorrect, use scare tactics and send misleading letters over parking.

Thanks for your help everyone!