PCN Radisson Blu Stansted

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Elysander wrote: »

Just wanted to say thank you to everyone who contributed to this thread and provided me with expert advice. POPLA have allowed my appeal on the grounds that the NTK did not comply with PoFA 2012 as Parking Eye failed to meet the deadline of schedule 4. Despite knowing from the outset that the NTK had failed PoFA, Parking Eye still contested my appeal and provided a 50 page 'evidence pack' in which they stated that the NTK was compliant with PoFA and included over 20 pages of photos showing signage in broad daylight (despite the appeal requesting photos of the signage in the hours of darkness), 2 photos (taken on a very sunny summers day) were of the former car park entrance that was closed in early 2015. A scan of a 3 page 'agreement' naming the Radisson Blu as the 'customer' was provided, but was heavily redacted and of such poor quality most of it was unreadable.

well done

please post your PPC, the place it happened and the POPLA decision in the POPLA DECISIONS sticky thread at the top of this forum

it would also help if you copied and pasted the URL from this thread too

catfunt

And the name of the POPLA assessor.

Elysander

Here's my POPLA decision in full

Decision
Successful

Assessor Name
Rebecca Grimes

Assessor summary of operator case
the operator states that by either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, the Parking Charge is now payable.

Assessor supporting rational for decision
In this case, it is not clear who the driver of the appellant’s vehicle is, so I must consider the Protection of Freedoms Act 2012 (PoFA 2012), as the operator is attempting to transfer liability for unpaid parking charges from the driver of the vehicle, to the keeper of the vehicle. The appellant states that the notice to keeper fails to satisfy the keeper liability requirements as set out in PoFA 2012 as the initial notice to keeper letter is dated X February 2016 and the date of event as X January 2016, which was 16 days earlier and as such, the operator has failed to meet the deadline set out in schedule 4 of PoFA 2012. Paragraph 9 (4) states; “The notice must be given by- (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period”. Furthermore, (5) states; “The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended”. In this instance, the date of the parking event was X January 2016 and the date that the notice to keeper was issued was X February 2016 and this is over the period of 14 days beginning with the day after that on which the period of parking ended. As a result, the Notice to Keeper does not comply with the regulations set out in PoFA 2012. Accordingly, I must allow the appeal.

Coupon-mad

Rebecca Grimes

OMG she granted one!

At least she understands the 14 days deadline, if nothing else about keeper liability. Well, I hope she does. She has ruined it a bit by making it seem she counted only to the 'date issued' which is always a good 5 - 7 days before people actually receive the letter:

In this instance, the date of the parking event was X January 2016 and the date that the notice to keeper was issued was X February 2016 and this is over the period of 14 days beginning with the day after that on which the period of parking ended. As a result, the Notice to Keeper does not comply with the regulations set out in PoFA 2012. Accordingly, I must allow the appeal.

Congrats on your win!

Elysander

Coupon-mad wrote: »

OMG she granted one!

At least she understands the 14 days deadline, if nothing else about keeper liability. Well, I hope she does. She has ruined it a bit by making it seem she counted only to the 'date issued' which is always a good 5 - 7 days before people actually receive the letter:


Congrats on your win!

Thanks Coupon Mad - I 'm very grateful for the assistance I received from the forum which enabled me to win the appeal. I actually received the pcn 6 days after the issue date, so it was received a total of 22 days after the 'event'.

Ralph-y

your turn to help us now .......

you must make sure all your friends and family understand how murky the world of 'parking on private land' really is .....

and

where to turn when / if they become prey .....


Ralph:cool: