Premier Park appeal from keeper but first reminder to driver

eeq

Thanks. What does the driver do in the meantime?

eeq

Thanks for the help so far. I've just had confirmation from POPLA that they've opened the appeal.

Does the driver still do nothing as well, at this point?

Coupon-mad

eeq wrote: »

Thanks for the help so far. I've just had confirmation from POPLA that they've opened the appeal.

Does the driver still do nothing as well, at this point?

Yes, the PCN is under appeal by the person who was provided with the POPLA code. The driver is not in the equation right now.

eeq

Thanks. PPL have just emailed me their submission - I think they are supposed to post it to me, as I appealed by post, but I'm preparing my response as early as I can.

In their submission, they say that I identified the driver (which I did), but their documents show no record of me giving those details. Is this something I can work with? They are also claiming that they didn't need to issue a PCN to the driver for the following reason:

"Please note, when the Registered Keeper made the appeal to Premier Park, the
driver details were requested and then provided. We then added the driver details to
our system so we could hold the driver liable for this PCN. In the Registered Keepers
appeal to Premier Park it clearly states, the wife who was name as the driver, “only
realised her error when we received the PCN today and checked the ticket receipt
that she bought and display in the car.” Therefore this shows the driver was aware of
the PCN. The driver also has the same surname as the registered keeper as well as
living at the same address. The reason a First Reminder was sent out to the driver is
due to POPLA not advising Premier Park that an appeal had been lodged until the 1 st
December 2016. This meant that the PCN was not on hold until Premier Park
received notification of the appeal to POPLA, therefore allowing the First Reminder to
be sent as Premier Park had not received notification from POPLA nor the Appellant."

Strictly speaking, shouldn't the driver have been issued their own PCN with payment times, discounted fees, etc.?

Thanks

Fruitcake

Complain to the BPA and DVLA that the keeper was refused a PoPLA code until they provided the driver's details.

Remind them of the instructions the BPA gave to their membership after being told to do so by the DVLA. This is what they said:

"The following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied"

Particularly reminder them that they should very carefully read the first sentence, which clearly shows that what is happening in your case is very much a breach of the Code of Practice, and by their own words, needs to be investigated.

Attach any documentation that supports this.

eeq

Fruitcake, thanks for that, do you have a source I can quote?

Should I include it in my response to POPLA, or is that now a separate issue?

Coupon-mad

Hang on, I thought:

- the company know who the driver was, female, and they have her name and address from the appeal

- yet they issued the POPLA code to you, the keeper, male.

You just need to explain that clearly to POPLA, showing how the POFA says that a keeper can no longer be pursued for a charge when the driver's name and address is known.

Or have I got that wrong?

eeq

That's correct. I'm still trying to work out precisely what is going on! I identified the driver (after coercion), I appealed, I have the POPLA code. The driver has the 'First Reminder', which PPL say they can do for the reasons quoted above.

However, their submission does not record my identification, just that the driver has been identified (if you see what I mean). It also says that POFA 2012 doesn't apply because the driver has been identified - yet I (as keeper) am the one appealing.

I'm working on a draft response, would you look over it if I posted it here?

Thanks

Coupon-mad

Certainly we will! Make it really short and sweet, combining the bullet points I just said, with what you just said!

eeq

Hmm, it's lengthy at the moment, because I'm hedging my bets - I'm putting that point at the top, and then responding to PPL's submission further down. At least in part, because it amuses me that PPL freely admit that parking was paid for - just with an incorrectly entered VIN - loss to PPL = £0.