PCN after time limit - PLEASE HELP

Detta

First of all I would like to again thank all of you kind people for your help. I hope this will help.

I kept the appeal simple. I just wrote:

As the keeper of the vehicle and that 'The Notice to Keeper failed to meet the requirements of Schedule 4 of the POFA Act 2012. The Notice to Keeper was not delivered to the keeper within the prescribed timescale; not within a period of 14 days beginning with the day after that on which the specified period of parking ended.' And I detailed all the dates from the alleged parking date and included all the dates of the correspondence with the company.

The decision was:
Section 21.9 of the British Parking Association (BPA) Code of Practice states “it’s the driver’s responsibility to pay the PCN”. The operator in this case has issued a PCN to the keeper of the vehicle, and I am therefore satisfied that the keeper of the vehicle is entitled to appeal the validity of the PCN. I note that the operator has referenced that they are not attempting to transfer the liability for the PCN from the driver of the vehicle to the keeper of the vehicle using the Protections of Freedoms Act 2012 (PoFA 2012), and so in its mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver of the vehicle is, based on the evidence that I have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver of the vehicle. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge.

Thank you all. Good luck to all.

Coupon-mad

Good stuff - but as a warning to others doing POPLA appeals, that was a dangerous tactic not to be copied. POPLA could easily have missed that point that the driver had not been identified and we now have a template appeal point covering exactly that (search 'individual POPLA' and you will find it's in lots of recent POPLA appeals now).

I am glad POPLA spotted the issue.


Also perturbed that the Assessor actually thought the service of a NTK (or not) was relevant to whether a keeper can appeal or not:

The operator in this case has issued a PCN to the keeper of the vehicle, and I am therefore satisfied that the keeper of the vehicle is entitled to appeal the validity of the PCN.

OMG, POPLA Assessors, get a grip. The keeper can ALWAYS appeal unless the driver has previously been admitted (name and address). Never mind if a NTK was served or just a PCN, a keeper is ALLOWED to be the appellant.

Detta

I agree. I didn't intend to appeal on that point, I pointed out that it was not valid as they did not keep to the timing of schedule 4 (which wasn't even addressed). However, I think I was lucky.