Civil enforcement - unclear procedure for restaurant customers

max888

Hello,
I am looking for advice on te following case.

recently my car was apparently parked in an hotel-restaurant car park. It is clearly stated it was reserved to customers, however I was a customer and I didn't know the driver had to explicitly report to the hotel reception (I went to the restaurant for less than an hour and the park was empty at that time).
I found it very unfair, especially that the restaurant is not helping (however I paid by credit car and it can be a proof).

The reasons for my defence are:

1. the car park is managed by APR and I received the PCN after more than 14 days. The letter is dated the 13th day after the event and The Royal Post stamp on envelope shows the 14th day after the event, so and it got to my address not less than 2 days after (after the 15th day from the event). PoFA states that the notice is to be considered delivered on the second working day after the day on which it is posted.
2. the registering system may be confusing. It is at the hotel reception. The restaurant is apparently separated from the hotel; there is a the sign inside the restaurant about registering for parking, but it is not well visible when you get inside, but only when you go out). Furthermore nobody was at the hotel reception. You can register your car plate autonomously on a tablet indicated at the hotel reception, but it provides no ticket nor evidence of registration. I could not be able recall if I registered after more than 2 weeks. But I went back to check the procedure and I can still go back to the hotel and provide photographic/video evidence of the poor registration system.
3. I was an actual customer of the restaurant that night, and I can use credit card statement as evidence (However while they collaborate, probably the hotel owns the land and the restaurant is a separated legal entity)

While I feel it is nearly a scam, I am not sure if my case is strong enough and which strategy I should pursue: for example just using the failure to sent the PCN in time and not disclosing other information (such as who was the driver, who was there, etc.).

Thanks.
m

max888

picture of the letter: imgur.com/jxXo39h

Half_way

Have you complained to the hotel, and told them to cancel?

max888

yes, I talked to hotel and restaurant and they said it is on the company who manages the parking!

Obviously I will never recommend that restaurant. Not even worth putting a bad online review , they already have a bad online reputation.

the 'driver' could have been more careful, because the signs of reserved parking were visible and could have checked with waiters, however the restaurant staff behaviour tells a lot (not reminding people about registering, and not being helpful)

max888

Any suggestion about appealing nd POPLA would be welcome. I can also still pay reduced amount....

Guys_Dad

A properly submitted appeal on out of time will see this off if driver has mot been identified.

Redx

I suggest you read all the POPLA templates in the NEWBIES sticky thread and draft one up, same as everyone else is told to do (or they are told to find a recent one and adapt it)

a popla appeal is based on legal arguments , so very little of your "story" will be used at popla , popla will be about contracts , laws , signage , not the same as BEAVIS , NTK errors , BPA CoP errors etc

I would edit or remove the back story completely as its not relevant to a POPLA appeal, although I do understand its how you perceive the problem, but its an unregulated industry which lacks fairness and decency

and read posts #113 and #115 in here to see what type of sc@m industry it really is

https://forums.moneysavingexpert.com/discussion/5490298

max888

DRAFT of appeal to operator
Any comment or suggestion will be welcome.
---

Civil Enforcement
- address

Dear Sir or Madam,

PCN number: xx
Vehicle registration number: xx
The unlawful issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.20)
I refer to recent PCN dated xx/xx/2017.

As the registered keeper, I have received your parking invoice which I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

the driver is responsible for following the terms and conditions. As the driver has not been identified, car park owners and operators are allowed to recover unpaid
parking charges from registered vehicle keepers on the legal basis of Schedule 4 of POFA 2012.

I assume your “Parking Charge Notice” is dealing with its claim in accordance with the requirements of Schedule 4 of Protection of Freedoms Act 2012 (POFA).
The BPA Ltd AOS Code of Practice (version 6) supports the need for strict compliance (paragraphs B20.10, 11, 12).

The requirements of Schedule 4 PoFA are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.

Civil Enforcement Ltd (CEL) has however failed to comply with the statutory requirements as follows;

* CEL failed to comply with paragraph 9.4 of Schedule 4 of the POFA in that CEL failed to give the Notice to Keeper to me within the “relevant period”.

The alleged infringement occurred on the xxth xxxx 2017 and no ‘Notice to Driver’ was issued at the time. The Notice to Keeper is dated xxth xxxx 2017, the Royal Post stamp indicate xx/xx/2017 (as shown in the picture enclosed). The second working day after the post date was xx/xx/2017 which is 18 days after the event and is not compliant within the statutory 14 days prescribed by PoFA.

Paragraph 9(4) indicates that the Notice to Keeper must be given to the registered keeper not more than 14 days after the car allegedly infringed the car park terms and conditions. Paragraph 9(6) states that “A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted”.

I therefore expect you to immediately cancel the ‘parking charge Notice’ and inform me, in writing that you have done so.
If however, you reject this challenge, then, in accordance with the BPA Ltd AOS Code of Practice, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.

Yours sincerely
XXX

Coupon-mad

Yep that will do if you haven't appealed yet. You may even find it cancelled first try.