Popla

Umkomaas

Kat_2017 wrote: »

Hang on, the appeal was won based on non-compliance with POFA, yet the driver was named, is that correct? I thought you couldn't use that point if the driver had been named?

You can use any point you like in a POPLA appeal. It's for the PPC to rebut each of them.

I also admitted to being the driver which reading on here is a mistake.

Well, there it is, handed to the PPC on a plate. Yet despite having the evidence, they didn't have the nouse to use it in rebutting the appeal on that basis. Worse still the POPLA assessor found against them on that very point.

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.

Just shows that they are dealing with this stuff on an industrial scale, using template responses, thereby missing key admissions that a primary school pupil would spot a mile off in a game of hide and seek.

Coupon-mad

This is hilarious, even someone who admitted who was driving, beat ECP on 'no keeper liability'!

Kat_2017

AIMINGHIGH123 wrote: »

I did name myself as driver when I first appealed to Eurocarparks but that was before I read the info on this site.
Once I got a POPLA code I appealed but didn't name the driver..

When I appealed to POPLA the driver had already been given away too. Because of this I didn't think I could use the "no keeper liability"-and indeed, ECP did put in their evidence pack the letter of admission of who was driving from the keeper (appeal letter to ECP). As a result of this the POPLA appeal was unsuccessful.

However, now I know POPLA are not even reading anything properly, I could well have used the appeal point anyway and won! Ah well, happy for you that you managed to win your appeal-congrats! It's a very easy job for POPLA-see the no keeper liability and don't even need to bother reading anything else.