PCN Windscreen not Present. Got PCN Notice by post. Help Required after reading posts

ChaliWires

I have the same situation as this thread 5038568 (titled: "Newbie PCN windscreen received. specific help needed please after reading threads")


However, I did not have a windscreen sticker. Today I received a PCN to pay £100 (rather than £60) because payment was not made.

I also read this thread 4880703 (titled "Care Parking - Not using POFA (!) - Do I need to bother about POPLA?")

and will be appealing on similar grounds.

One question. Should care parking issue the POPLA code in the PCN letter or after the soft appeal?

Any help and advice is appreciated.

Thanks

Coupon-mad

The POPLA code comes in the rejection letter after you appeal.

Everything is already covered by the NEWBIES thread, but post again as a reply on this thread every time, if you have more queries.

ChaliWires

Thank you!

ChaliWires

So I got the appeal letter from Care Parking and as expected they rejected every point I made in the appeal letter. However one point struck with me and I need some clarification before I appeal to popla.

When I said Im the registered keeper and I do not have to name the driver using my car they replied with

"You are correct that you do not need to name the driver. However, the protection of freedoms Act 2012 covers the requirements of the liability of the charge with regard to the registered keeper."

Can someone clarify this please?

Thanks

Redx

they are trying to make the RK liable under POFA 2012 because they dont know who the driver is

in other words, if they cannot pursue the driver, they will pursue the RK under POFA 2012 , but to do so they have to have met all criteria under POFA 2012

also, just because they say something, it doesnt make it legally correct, they are a PPC not a lawyer , same as DRP are debt recovery and cheat and lie and harass to get money, doesnt mean they are ethical and above board and do their tasks with utter fairness in mind

if you feel that POFA 2012 doesnt apply then you should be adding that into your appeal to popla, but also putting in the usual legal arguments too, so click on the blue link in the newbies thread, look at popla examples and draft up your popla appeal, also check the expiry date of the popla code too

ChaliWires

Thank you for your reply. On the Popla website, in the FAQ section it says

"Section 56 and Schedule 4 of the Protection of Freedoms Act 2012 makes provision, in certain circumstances, for a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle, and who is termed the ‘creditor’ in the Schedule. Providing required conditions are met, the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle if, within a specified period, the keeper refuses or is unable to name the driver at the time the parking charge or liability was incurred. Paragraph 2(1) of Schedule 4 provides that ‘keeper’ means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper."

What am I missing here? Should I still appeal to popla?

Redx

no idea what you are missing here, BUT I did tell you to get on with your popla appeal, which if you didnt would be one of the most stupid things you could ever do in your life

for clarity, appeal to popla

for clarity - you have 28 days from the date of the code to get in a popla appeal

for clarity, do it anyway and dont worry about lawyer speak at this stage

find and adapt a recent popla example from the blue link provided by coupon-mad in the newbies sticky thread

I did tell you what to do in the last paragraph, so no idea why you are asking again ?

if you feel that POFA 2012 doesnt apply then you should be adding that into your appeal to popla, but also putting in the usual legal arguments too, so click on the blue link in the newbies thread, look at popla examples and draft up your popla appeal, also check the expiry date of the popla code too

ChaliWires

Ok - Will go through them and will appeal. Thank you for your help.

ChaliWires

I won the appeal!! :-) thank you.

Ralph-y

well done ....

please post up the popla decision here

https://forums.moneysavingexpert.com/discussion/4488337

it may help others ....

Ralph:cool: