ParkingEye - Hire Car - POPLA Appeal

Edna_Basher

The BVRLA and the BPA signed a Memorandum of Understanding back in December 2013 - here's how the BVRLA reported it at the time:

http://www.bvrla.co.uk/news/new-agreement-private-parking-notices

GaryUK

The appeal was successful. Thank you for all the advice and help provided by the people on this forum.
Gary

Decision: Successful
Assessor Name:
Assessor summary of operator case: A Parking Charge Notice (PCN) was issued the driver remained in the car park for longer than permitted.

Assessor summary of your case: The appellant has questioned the operator’s authority to operate on the land and the reliability of the automatic number plate recognition (ANPR) cameras. They have advised the signage at the site is inadequate and they have advised the operator did not comply with the provisions of the Protection of Freedoms Act 2012.

Assessor supporting rational for decision
In this case the appellant has appealed as the hirer of the vehicle. Having reviewed a copy of the PCN, I can see there is no reference made by the operator to suggest the keeper or hirer is being held liable. The operator has confirmed it is not seeking to transfer liability from the driver of the vehicle to the registered keeper or hirer, using the provisions of the Protection of Freedoms Act (PoFA 2012). In this case it appears the operator is pursuing the driver for the PCN. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that it the appellant is the driver and therefore liable for the charge.