****Help with POPLA appeal****

Umkomaas

Still needs more. Here's a checklist of items to research and include if appropriate. If you're not including one (or more) please tell us why.

No keeper liability, including Notice to Keeper errors (PoFA 2012)
The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
No Contract to manage parking
No Locus Standi
Signage
Consumer Rights Act 2015
BPA Code of Practice breaches
Why Beavis doesn't apply in your parking event

No need to rush this, unless you're bang up against the POPLA deadline.

jack123456

Just a quick one with 'The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge' note, as my NTK confirms there is the choice to make them aware of who was driving the vehicle, thus transferring liability to this person, would I still be able to pursue this route?


When reading through a lot of POPLA drafts, this is something confusing me, it mentions if the operator does not comply with POFA then it is up to them to confirm who was driving the vehicle, I am not sure if they have complied or not with the notice I received?


Thank you,

Umkomaas

Just a quick one with 'The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge' note, as my NTK confirms there is the choice to make them aware of who was driving the vehicle, thus transferring liability to this person, would I still be able to pursue this route?

The very last thing you do is confirm who the driver was. As keeper you have full protection from the Protection of Freedoms Act 2012. If the PPC doesn't know who the driver was, in order to transfer liability to the keeper, they must jump through every hoop put in their way by PoFA. Most PPCs fail spectacularly.

When reading through a lot of POPLA drafts, this is something confusing me, it mentions if the operator does not comply with POFA then it is up to them to confirm who was driving the vehicle, I am not sure if they have complied or not with the notice I received?

You compare your NtK pedantically (and I mean absolutely pedantically), word by word, line by line, against the requirements placed on the PPC by PoFA.

Check your NtK against the requirements - windscreen ticket, paragraph 8, ANPR notice, paragraph 9.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Fail on any one point - total fail.

This further link might also help.

http://www.parkingcowboys.co.uk/keeper-liability/

Having said all that PE's NtKs are pretty watertight (but that doesn't mean leaving anything out of your POPLA appeal - it's up to PE to prove they meet requirements). Does your NtK's front page, final paragraph state 'if after 29 days........' or is there a blank space like a paragraph has been removed?

Coupon-mad

This person's thread shows what I call a 'Golden Ticket' (a non-POFA one from PE):

https://forums.moneysavingexpert.com/discussion/5651185

So, is yours like that, word for word? Nothing saying that 'within 29 days, the keeper will be liable?'

jack123456

Ah brilliant thanks guys! The parking cowboys post helped me understand, awesome 😊. Mine doesn't appear to be a 'golden ticket' one, as it states that payment is required within 29 days etc. I don't see anything from POFA that I could pick from to contest, as you said, PE ticket seems to be water tight. Well, I say water tight, the car park in the letter is a road that doesn't appear to exist, there are no roads surrounding the car park of this name.

jack123456

Just double checked again, confirmation that if I do not pay within 29 days they will pursue me for the money. I don't know whether that is classed as a golden ticket or not? Apologies for my lack of knowledge on these things.

Coupon-mad

I gave you a link to a thread with a picture of one.

I didn't ask what it said about making payment within 28 days.

I asked what it said (if anything) about keeper liability after 29 days?

Why not simply look at the scan of the PCN in the thread I linked for you to look at?

jack123456

Apologies. I had missed where the link was and thought by answering what I did would have been sufficient. My PCN looks nothing like that. I here provide links to my PCN, hopefully this will help.

https://flic.kr/p/TLdGHa

https://flic.kr/p/UKmjpd

Coupon-mad

Ah so it's an old-style one from March, and it DOES talk about keeper liability within 29 days. So that is not a golden ticket.

What did Audrey say when you complained to Sunderland NHS Trust, or PALS? Audrey always used to cancel when people complained if they were patients/visitors. Complain in writing to PALS, or BEFORE doing a POPLA appeal. No need to ask what PALS is, you are sitting at a PC!

jack123456

I will do that tomorrow, thank you very much for your help.