F1rst Parking - POPLA Rebuttal

AlexTodd97

Hi All,

Another F1rst Parking PCN my friend got in a university car park and I have helped with.
F1rst have come back with their "evidence pack" which is essentially a load of screenshots of photos of the car and an annotation saying "clearly no permit ". It appears they have not rebutted anything, apart from containing a copy of the alleged contract with the landowner, most of which has been blurred out so I cannot read it.

No NTK was ever received, and they have not even commented on that, so i am surprised they did not throw the towel in like they did on my 2x PCN's.

I am going to rebuttal this on the Portal, but wanted to know if they are allowed to blur out half of the contract? I will go on the basis they have not commented on my appeal points at all, and no NTK has ever been received, nor has any driver been identified.

Thoughts?

Fruitcake

The contract is private between the scammers and the landowner, so they can blur out anything they like. However, if you can't see evidence that PoPLA can see, then it is unfair in my opinion.

The rebuttal should mention that the evidence you (your friend) has been given must be the only evidence that PoPLA can revue. If PoPLA receive different (un-redacted) evidence, then it should be disregarded.

Some of the more experienced posters may be able to quote relevant parts of the BPA code etcetera to that effect.

The main rebuttal point of course will be lack of NTK not answered, therefore no keeper liability.

Half_way

Do you have any more information? It may be of more use to get your friend to post on here.
If you want the contact, and/or you want the university to squirm ask for it frm them under the freedom of information act, as a public body they can not claim commercial justification for withholding it.

AlexTodd97

When i say i helped, i mean i appealed on their behalf (not sure if they monitor this forum).
Will it not take a while to get n FOI back from the university?
I'm not even sure it would help me if that was the case.

My appeal was around 2k words with the main points:
1. Signage –
2. No 'driver' Liability –
3. A compliant Notice to Keeper was never served - no Keeper Liability can apply.
4. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice. The only part of the evidence pack they have took note of my appeal
5. PCN Envelope BPA COP Breach –

Coupon-mad

Sounds like you can just put a few lines in on the Portal as the appellant and it will win.

I would more or less just point out what you pointed out in your first post!

AlexTodd97

Thanks! I have commented on the evidence in the portal now.
Does this go straight to a POPLA assessment now?
Or can f1rst come back and try to comment on what i said.

Coupon-mad

No, F1rst can add no more and you will get your decision soon.