Pizza Hut Parking Charge Notice

Coupon-mad

RobinHill wrote: »

Hi Coupon-mad, Hope you're not suffering to much from Christmas Day excesses, I never know when to stop eating until it's too late and my belly hurts!! We have finished drafting the POPLA document (see next post). Any advice on what supporting documents and photographs in any that we should include eg. signage, restaurant proof, DLA entitlement, blue badge. Thank you.

You won't need any photos or evidence (the PPC has to supply the signs & other paperwork evidence to you and POPLA). POPLA won't be interested in Blue Badges or the restaurant receipt/proof of patronage.

That POPLA appeal looks fine. If the McDonalds drive-thru was added deliberately by you (and not left in from the template) that's a good point because being at a drive-thru is not parking.

We are just back from the Boxing day football match (Brighton) and about to start eating again!

RobinHill

Cheers Coupon-mad. Yes I added the drive-through bit specifically for that reason. Thanks for checking it. I think the advice is to wait until say a day or so before the POPLA deadline before submitting? I have studied the POPLA FAQs for info. however are there any guides / advice on submission. For example I read a post about possible truncation etc.

Good comeback ... almost as good as my home team's result against Huddersfield, who left it to the last 2 minutes of normal time to level it from 0-2 down!! Blackpool next, just hoping they managed 3 points at that one. I'm stuffed again ... can't move!!

hoohoo

Get it off ASAP. Don't risk internet downtime, PC crashes etc. truncation issue is fixed but check your email anyway. You will get your appeal echoed back

RobinHill

Coupon-mad: Probably already over kill as is, but the "more the merrier" I guess. Should we add the following to the POPLA appeal:

The charge notice incident date is 18/10/2014 and issue date 31/10/2014. The schedule attached below describes the time limits for 'delivery' of the notice. Given an issue date of the 31/10 and paying attention to 'have been delivered on the second working day after posting' (assuming 31st at the earliest). This takes us to the 04/11 which is 17 days from the 18/11. This argues that the notice was delivered after the duration permitted under Schedule 4 and hence is invalid.

Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either

(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for his purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England.

Coupon-mad

Yes why not - that is a worthwhile point to add to point #3 about 'no keeper liability'.

RobinHill

Hi Coupon-mad,

We have just received the re-issued PCN from CEL. It has a new issue date of the 24/12/2014 and is addressed to me other than my name is mis-spelt. This despite it being correctly communicated to CEL in writing by the hire co. See documents attached below.

We'd be grateful if you can check these over just in case there is anything we need to act on. In particular CEL's 'letter' re. the PoFA 2012 bit. I seem to recall CEL having been reprimanded for this before? It also refers to 'attachments'. The correspondence only included these three documents.

I trust that we continue to appeal with our current POPLA code (issued to the hire co), or does the re-issue change matters?

Thank you.

Half_way

The letter from the hire company referencing a penalty charge notice and the words "at the time of the alleged offence" could be an indication of trouble ahead. have the hire company charged you an admin fee?
As you should be aware now, this is neither an offence, nor is it a penalty charge.

Coupon-mad

Talking rubbish sorry!

RobinHill

Hi Coupon-mad, Happy New Year to you. Given the deadline and your "caseload" I just want to double check ... are we now to ignore / abandon the POPLA code issued to the hire co. and forwarded to us (exp. 7th Jan) and in effect start the process again but with our own notice this time? Thank you.

Coupon-mad

Awww...oooops...forgot about that! Sorry, skim reading & just looking at the fact they've sent you a PCN *gives herself a slap*! DO use the POPLA code.

That POPLA appeal looks fine so submit it online and tick 2 or 3 out of the 4 appeal reasons boxes on the appeal page (it is obvious which one doesn't apply).