ECP POPLA appeal

the_wheels_have_fallen_of

Unbelievable!!!!! Thrilled for you though rob84 !!!

@Coupon-mad - do I complain to POPLA ???? Ref my thread you commented on last night ??

rob84_2

If you complain you'll probably need my POPLA number which is 2410337543.

And the IAS is meant to be worse :eek:

the_wheels_have_fallen_of

rob84 wrote: »

If you complain you'll probably need my POPLA number which is 2410337543.

And the IAS is meant to be worse :eek:

I'm furious Rob84. Not for you but about the whole corrupt nonsense of PPC's !!!

rob84_2

I dont blame you. I was surprised yours failed given that there are others on the same car park have won on lack of landowner authority and then mine passes on it. A little bit of consistency is missing here.

As stated though, ECP are toothless so at worst its been a wast of a couple of hours for you and they are down in cash since theyve had to pay to get your details and pay for POPLA.

maxnutter

Just wanted to thank everyone involved in this thread. I got a PCN from the same car park in May and have successfully appealed by cribbing this thread:

Assessor supporting rational for decision

After reviewing the evidence provided by both parties, I am not satisfied that
the appellant has been identified as the driver of the vehicle in question, at
the time of the alleged parking contravention. The operator is therefore
pursuing the appellant as the registered keeper of the vehicle. For the
operator to transfer liability for unpaid parking charges from the driver of the
vehicle, to the registered keeper, the regulations laid out in the Protection of
Freedoms Act (PoFA) 2012 must be adhered to. PoFA 2012 states: “warn the
keeper that if, after the period of 28 days beginning with the day after that on
which the notice is given – (i) The amount of the unpaid parking charges
specified under paragraph (d) has not been paid in full; and (ii) The creditor
does not know both the name of the driver and a current address for service
for the driver, the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so much of that
amount as remains unpaid;” Therefore, transfer of liability occurs ‘28 days
beginning with the day after the date the notice is given’. However the PCN
that has been received states “...29 days from the date given (which is
presumed to be the second working day after the Date Issued) ...”. This is
incorrect because the field titled “Date Issued” is actually the date the PCN
was issued not the date the notice to keeper was sent out. As such I can
confirm that the Parking Charge Notice issued is compliant with PoFA 2012
and I must allow the appeal. I note the appellant has raised further grounds
of appeal; however I do not need to look at these as I have allowed the
appeal on PoFA 2012.

Coupon-mad

Well done - albeit ECP have closed that error now, with the wrong 'date issued'.

maxnutter

I must have got lucky!

When did they close it?

Coupon-mad

June (ish)?

maxnutter

I did get lucky then mine was from the end of May.