Euro Car Parks PCN guidance please

mae

Hi

ECP have now uploaded their evidence. I have 7 days to respond but to be honest I don't have a response so I guess I just wait for the decision now?

Coupon-mad

You do have response. You are able to scrutinise the evidence, like all other posters do! Don't miss this chance.

mae

Coupon-mad wrote: »

You do have response. You are able to scrutinise the evidence, like all other posters do! Don't miss this chance.

Oh I see. I will try and see if I understand where I can disagree with the evidence but I really don't think I can :cool: disagree I mean... I will have a good look this evening. I don't think I'm as good at this as other posters Ive been reading who have won as they seem to be really on the ball detectives :T

mae

Just to update I won the appeal thank you for the help

torontoboy45

mae wrote: »

Just to update I won the appeal thank you for the help

Congratulations!

Now spread the word amongst family/friends/colleagues about just how an invaluable a tool this board is.

Being relatively inexperienced I couldn't offer any meaningful advice but there are battle-hardened experts on here who did, and all ended happily.

Well done.

Umkomaas

mae wrote: »

Just to update I won the appeal thank you for the help

Can you tell us what POPLA said please?

mae

This is what the POPLA said

Assessor summary of operator case
The operator issued a Parking Charge Notice (PCN) because the driver exceeded the maximum parking time permitted.

Assessor summary of your case
The appellant’s case is the signage was insufficient and they doubt the operator has the landowner’s authority to issue PCNs.

Assessor supporting rational for decision
The operator is pursuing the registered keeper for the parking charge as it has not been able to identify the driver of the vehicle. In order for the operator to do this, it must transfer liability for the charge from the driver to the keeper in accordance with PoFA 2012. I have reviewed the copy of the notice to keeper provided by the operator. Schedule 4 Paragraph 9(2)(f) PoFA 2012 provides that the notice to keeper must: ‘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;’ The notice to keeper has not satisfied the above requirements of PoFA 2012. This is because it does not give the correct timescale for the transfer of liability. Under PoFA 2012, transfer of liability occurs after ‘28 days beginning with the day after the date the notice is given’, but the notice to keeper states ’… 29 days from the date given (which is presumed to be the second working day after the Date Issued) …’. The Date Issued is specified on the notice to keeper as 7 March 2017, rather than the date of the notice to keeper itself, which is 15 March 2017. PoFA 2012 has strict requirements for the transfer of liability and these requirements have not been met in this case. The operator has failed to transfer liability from the driver to the registered keeper of the vehicle. Whilst I appreciate the appellant has raised other issues, it is not necessary to consider them in this appeal. Because the operator has failed to transfer liability, the parking charge is not enforceable against the registered keeper.

Coupon-mad

Yay, this appeal point really does have legs at POPLA v Euro Car Parks, it's the second win like it in a week, on the DATE ISSUED:

The notice to keeper has not satisfied the above requirements of PoFA 2012. This is because it does not give the correct timescale for the transfer of liability. Under PoFA 2012, transfer of liability occurs after ‘28 days beginning with the day after the date the notice is given’, but the notice to keeper states ’… 29 days from the date given (which is presumed to be the second working day after the Date Issued) …’.

The Date Issued is specified on the notice to keeper as 7 March 2017, rather than the date of the notice to keeper itself, which is 15 March 2017. PoFA 2012 has strict requirements for the transfer of liability and these requirements have not been met in this case. The operator has failed to transfer liability from the driver to the registered keeper of the vehicle.

Whilst I appreciate the appellant has raised other issues, it is not necessary to consider them in this appeal. Because the operator has failed to transfer liability, the parking charge is not enforceable against the registered keeper.

I dont think Im as good at this as other posters Ive been reading who have won as they seem to be really on the ball detectives

:T

See, you were good at this!

Would you mind helping other newbies, by posting about this success v Euro Car Parks in 'POPLA Decisions' near the top and telling us there, the date of decision and your POPLA code and name of the Assessor, please? We can then quote your case to win others v ECP.

Add a link there, to this thread, and state that it was v Euro Car Parks and quote the decision again, please, as well as the POPLA code etc.

mae

Hi Coupon-mad I have added the info on the POPLA Decision thread.

Just to clarify by including my POPLA code this doesn't have any lead to personally identifying information does it? And I also noticed some posters have 'xxxx' out the assessors last name. Should I do the same?

Thanks

beamerguy

mae wrote: »

Hi Coupon-mad I have added the info on the POPLA Decision thread.

Just to clarify by including my POPLA code this doesn't have any lead to personally identifying information does it? And I also noticed some posters have 'xxxx' out the assessors last name. Should I do the same?

Thanks

Best to but only the PPC and POPLA know who you are