NIMPS - Not in my parking space - Parker in wrong car park

rsb1965purple

O.k Brilliant . Thankyou everyone for all your help I think I have the letter ready to submit to popla

One last thing, when I go to Popla its gives me a choice of what grounds do I wish to appeal. I'm leaning towards the option, I was not improperly parked. Rather than Other grounds. Mostly due to the wording that they have on the site suggesting that other grounds are less likley to be succesful.

Coupon-mad

I was not improperly parked.

Never choose an option that implies/says who parked.

Choose 'OTHER' as the NEWBIES thread post #3 tells you.

Mostly due to the wording that they have on the site suggesting that other grounds are less likley to be succesful.

They lie; we always use other and are 99% successful.

Guess who wrote that 'other' was less likely to be successful, and guess WHEN that first appeared on the POPLA website? Well, the smart money is on the BPA who steered and advised this service of POPLA, and yep, you guessed it, those words were there from the outset, weeks before this POPLA service EVER looked at a single case.

We know what we are doing !

rsb1965purple

O.k I have had a reply to my POPLA appeal. They appear to have rebutted all my claims providing evidence of a stay over 11mins etc.

StarTraq don't currently have electronic access to the DVLA as we have made less than 300 requests, because of this, we issue non POFA notice to keepers. We don't issue notices to drivers as we don't know the drivers details at the time of the incident. xxxxxxxx referencing POFA legislation has no bearing on this notice as we have issed a non POFA notice

The only thing I have is that ,as they issue less than 300 requests to DVLA ,it was issued as "non-POFA notice". Am I right in thinking that is a major own goal on their part ? Provided the driver is not named it is not enforceable. The registered keeper of the car, cannot drive, is not on the insurance of the car in question, only holds a very old (paper version) provisional license issued approx 30 years ago, and infact wasnt in the car at the time of the incident. But how do I prove that.

Quentin

You don't need to prove it.

Now popla failed you ignore everything except court correspondence or a letter before court action

rsb1965purple

Sorry POPLA hasnt failed --- yet. This is Startraqs reply to my letter, it gives me 7 days to reply to evidence they have submitted.

Should I reply and re-enforce the fact that they say the ticket is non-POFA. Although I am not 100% sure about this, if they have complied with all the other elements of POFA could this not be upheld in court? From what I have read I cant make sense of it.

Or do I hold my nerve and rely on what I submitted and not reply.

Umkomaas

You go through their evidence pack and you rebut anything in it that you disagree with, or is not quite correct, or is plain wrong. If you don't rebut a point they make, POPLA can take it that you agree with it.

On your PoFA query, if it's not compliant on one point, it's not compliant - period. Given that they have said this:

because of this, we issue non POFA notice to keepers. We don't issue notices to drivers as we don't know the drivers details at the time of the incident. xxxxxxxx referencing POFA legislation has no bearing on this notice as we have issed a non POFA notice

Boom, slam dunk. No PoFA compliance, no Keeper liability. They know by their own admission that the keeper isn't liable. So provided you do not identify the driver, that should be then end of it when POPLA uphold your appeal.

Make sure you focus in on their admission and drive it home to POPLA. If you're struggling with wording on this bit, flash up your draft for comment/fine tuning.

Coupon-mad

Should I reply and re-enforce the fact that they say the ticket is non-POFA.

Yes - that wins, a slam-dunk!

Although I am not 100% sure about this, if they have complied with all the other elements of POFA could this not be upheld in court?

Nope. You win!

rsb1965purple

How this,

I would like to draw it to the assessors attention that the operator (Startraq Ltd) have admitted that the PCN issued was non-PoFA compliant and therefore cannot hold the registered keeper liable. Again I re-enforce the first two paragraphs of section 3 of my appeal.

3. In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider whether they are confident that the Assessor knows who the driver is, based on the evidence received. No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person.!

In this case, no other party apart from an evidenced driver can be told to pay. I am the appellant throughout (as I am entitled to be), and as there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a!keeper!without a valid NTK.

I would also like to draw it to your attention that the photographs attached do not contain Date/Time stamps upon them. META data contained on the photographs can easily be edited in a matter of minutes using tools freely available over the internet and therefore cannot be relied upon.

Coupon-mad

Yes that will do.