Review of my popla appeal please

jswinden

How is this for comments to add - does it make sense and cover everything?

A few further points in response to the operator evidence:
1. The POFA 2012 requires the operator to issue a ‘notice to keeper’:
''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''.
Schedule 4 of POFA 2012 only applies if a ‘notice to keeper’ is issued in accordance with paragraph 8 – which it was not.
2. There is no responsibility on the keeper to know who was driving at any given time as long as the person was allowed to.
3. P4 Parking have incorrectly stated that “the land belongs to X Resident Management Company Ltd. (the client) C/o X Residential Asset Management”. This is incorrect. The land belongs to X Trading Limited (Freehold landowner) and myself as the leaseholder. This is evidenced on the lease document and on the land registry.
4. In refusing to provide me (the appellant) with a copy of the contract evidencing their authority from the landowner, this cannot be considered as part of the POPLA evidence. A consumer must be provided with the full evidence pack.
(NOTE for clarity: X is my maiden name shown on my passport / X is my married name shown on my marriage certificate. Both names are referenced in the claim due to dates on documents (e.g. lease)).

jswinden

Hi Guys,
Sorry for the late reply - about 3 days after I submitted my comments I got my result - I won!!

Decision Successful
Assessor Name X
Assessor summary of operator case
The operator’s case is that the driver had parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is that the permit was visible as it was within the passenger foot well.

Assessor supporting rational for decision
The operator has issued the Notice to Driver as there was no permit visibly on display. The appellant has appealed as the keeper and explains that they own the property and the bay that the vehicle was parked within. The appellant explains that that when taking rubbish to the bins, they noticed the parking charged affixed to the vehicle and so went to check the vehicle. The appellant explains that the permit was within the passenger foot well. Parking Charge Notices issued are done so out of a driver’s obligation to pay parking charges in respect of entering a contract, by parking the vehicle on relevant land. 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. 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.


Whoop Whoop! Thanks so much guys :-)