to pay or not to pay

Umkomaas

Parking Operators are able to transfer this liability from the driver to the registered keeper of the vehicle if it has not been able to identify the driver.

If a Parking Operator seeks to transfer liability to the registered keeper, it must ensure it does so in accordance with the requirements of the Protection of Freedoms Act (PoFA) 2012.

In this case, although the driver has not been identified, I cannot see that the operator has made any attempt to transfer the liability to the keeper as the appellant has appealed in response to the notice to driver issued to the vehicle.

As a result, I am satisfied in this instance the appellant is appealing the driver’s liability for payment of the Parking Charge Notice, and my decision will reflect this

This is utter rubbish. If the PPC is not pursuing keeper liability, then the keeper cannot, in law, be held liable. The PPC can only pursue the driver and if the driver's identity has not been revealed, they're stuffed. It is not for POPLA to determine who might, or might not have been the driver.

Here we go again - another complaint to Nicola Mullaney of ISPA.

Who was the assessor please?

Coupon-mad

You do know NOT to pay this...yes?

Have you read all the other refused POPLA appeal threads and learnt how to complain to POPLA and then to ISPA?

sach1636

Thanks. let me check on complaint to POPLA/IPSA as this is new to me.

Coupon-mad

Yep, search the forum for 'ISPA' and it won't be new. You will see you are one of dozens here.

sach1636

Thanks for advise. Let me search around. Got a debt recovery letter today asking for £150 else court action.

bod1467

No you haven't. You've got a letter that basically says they may recommend that their client considers the possibility of thinking about court action.

dazster

You still haven't told us exactly what your lease says about this parking space. Exactly. Why is this so hard?

It is unlikely that a leasehold could require the display of a permit, at least not in any way that would actually be enforceable.

Coupon-mad

sach1636 wrote: »

Thanks for advise. Let me search around. Got a debt recovery letter today asking for £150 else court action.

And that's all covered in the 'ignore the debt collectors' section in post #4 of the NEWBIES thread, so you have no worries about that daft and desperate letter chain, of course.