POPLA Appeal [Premier Park Ltd] (Short Time Left)

Sicsiksix

Fobbed off again... I sent to both the info@ address and the complaints@ address.

Dear

Thank you for contacting POPLA.

As previously advised, while we note you are unhappy with our decision, we have now reached the end of our process and there is no opportunity to appeal.

As such, any further correspondence regarding your appeal will be noted on our system but we will not respond.

Yours sincerely,

Mark Yates

POPLA Team

Coupon-mad

So now complain to ISPA, Nicola Mullany.

Sicsiksix

Should I use the director@ email on the website FAO Nicola or use the form? What details should I provide initially and should this thread be mentioned at all?

Coupon-mad

Mention this thread? No. Some agencies might consider 'forum discussion' as less compelling than a consumer complaining in their own right.

Just tell them you wish to raise a complaint about POPLA not understanding the POFA and briefly cover where the infamous 'Carly Law' erred. Also tell them you feel that your complaint was dismissed without any escalation, whereas 'old' POPLA used to refer serious issues of errors in decisions to the actual Lead Adjudicator or Service Manager, all you have got is a reply telling you POPLA is now going to ignore you.

I think we've seen at least three clueless 'PPC-onside' awful decisions from that Assessor.

Use whatever email you can find for ISPA.

Sicsiksix

Thank you for your advice, I have now raised a complaint to ISPA.

What should I do regarding Premier Park now, I have received a letter demanding the funds to be paid following the rejected appeal by POPLA.


Are they a company known to go all the way to court? if it does - regardless of the POPLA decision, would the NTK not being sent be the winning point?

Note that the POPLA decision was on the basis they were chasing funds from the driver, yet they are contacting me, the keeper, for the money!!

Fruitcake

Tell Premier Park you have reported the erroneous PoPLA decision to the ISPA, and also that they are chasing the wrong person for the money.

Sicsiksix

Just an update:

I raised a complaint against POPLA with ISPA and received a reply on the 1st of April stating:

ISPA is not an appeals body and cannot review or overturn an individual appeal. ISPA looks at the fairness and consistency of the PoPLA appeals service as a whole. I have passed your complaint to one of our Independent Assessors. They will look at the process applied to your appeal and consider if this was fair and also consider the points you made.

We will get back to you with an indication of our assessment but this may take between 8 to 12 weeks.

I also replied to Premier Parks letter stating they are chasing the wrong person. I received no direct response to this but instead have had a letter saying if the money is not paid by whatever date then they will raise the case with their solicitors to consider court action.

Coupon-mad

Did you ever use for your complaints:

complaints@popla.co.uk

...which is what it says.

If not, do that and address the complaint to Mr Gallagher, Lead Adjudicator, complaining that specifically, the Assessor failed to apply the relevant law (POFA) and cannot find a keeper liable without any Notice to Keeper ever being served. Because the second condition for keeper liability in law, was not met at all (absence of the document).

Make clear this is not something an Assessor can exercise any discretion about, nor assume that driver liability is possible. Quote the previous Lead Adjudicator Henry Greenslade who stated that it is a keeper's right not to name the driver and, of course, still not be lawfully able to be held liable, under Schedule 4:

https://www.transportxtra.com/publications/parking-review/news/46154/there-is-no-50-50-rule-for-private-parking-appeals-says-popla-s-michael-greenslade

Understanding keeper liability
“There appears to be continuing misunderstanding about Schedule 4. Provided certain conditions are strictly complied with, it provides for recovery of unpaid parking charges from the keeper of the vehicle.

There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort. Further, a failure by the recipient of a notice issued under Schedule 4 to name the driver, does not of itself mean that the recipient has accepted that they were the driver at the material time. Unlike, for example, a Notice of Intended Prosecution where details of the driver of a vehicle must be supplied when requested by the police, pursuant to Section 172 of the Road Traffic Act 1988, a keeper sent a Schedule 4 notice has no legal obligation to name the driver.”

The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

''Right to claim unpaid parking charges from keeper of vehicle: 4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;


*Conditions that must be met for purposes of paragraph 4:
6(1) ''The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8;

The operator has failed to meet the second condition for keeper liability due to the multiple flaws in the NTK. Therefore, no lawful right exists to claim unpaid parking charges from myself as keeper of the vehicle as they have not met the required conditions within Schedule 4 of the Protection of Freedoms Act (POFA) 2012.

This too was confirmed by Mr Greenslade, POPLA Lead Adjudicator. in page 8 of the 2015 POPLA Report:

''If {POFA 2012 Schedule 4 is} not complied with then keeper liability does not generally pass.''

Sicsiksix

My email directed towards that email address was the one resulting in the 'you are now ignored' response basically.

I can try again, but I'm unlikely to get any response from it now.

Ralph-y

yes by all means try again .......

mention this fob off when you follow CM's advice above ....

good luck and keep fighting


Ralph

:cool: