Britannia PCN Appeal

Coupon-mad

Yep, it is intended to always follow a point about 'no keeper liability'.

GSHopper

This is the draft of my appeal. Any comments gratefully received!

"I am writing to you as the registered keeper and would be grateful if you would please consider my appeal for the following reasons.

1. Letter from Britannia Parking attached photos of the vehicle but it does not show the registration number.
2. As indicated in my letter to Britannia Parking, my daughter was attending to her baby who was unwell, and she was also breastfeeding at the time. My appeal to Britannia was to ask for understanding, and not to be discriminated against on this occasion."

Then I have included the paragraphs about NTK, Landowner, and signage....

Coupon-mad

Yes, with those 5 points it should win.

GSHopper

I have now received Britannia's response to my appeal. POPLA has advised that I have 7 days to comment if I wish to.
Britannia has sent lots of extra photos of the car park, including the notices for blue badge holders which of course do not apply to me.
Interestingly, Britannia has included the NTK in with their documents which I have not actually received from them.
They have also attached a redacted landowner's agreement.
Should I make any further comments?

Redx

yes, you should point out anything you find in their evidence pack that is in your favour

redacted contracts
unsigned contracts
past their "sell by" date , so out of date
signage issues
photo issues
any NTK issues
BPA CoP failures
POFA2012 failures

besically , pick apart their evidence pack and highlight anything they fail on that bolsters your own appeal

see previous POPLA REBUTTALS on here to see what others have written too

ie:- this is your chance to comment on their evidence pack (this is the first time you have seen it), they have already commented on your defence

Coupon-mad

Interestingly, Britannia has included the NTK in with their documents which I have not actually received from them.

If you right click on the NTK, can you see when that document was edited/created? I wonder if it's mocked up.

Should I make any further comments?

ALWAYS comment briefly on all holes you see within the evidence (dates on signage photos, date on landowner document, redacted contract, no name of landowner/unreadable signatures etc).

GSHopper

Couldn't see if the NTK was a mock up. It was dated 8/8/17 which was two and half weeks after my initial letter to them.
The redacted Landowners authority is dated 15 Jan2016. The name has been blanked out. Is the authority the agreement?

Coupon-mad

The redacted Landowners authority is dated 15 Jan2016. The name has been blanked out. Is the authority the agreement?

Yes, pick on that and say in your comments to POPLA, urgently, that the signatory is redacted so it's not evidenced that the landowner has authorised the regime, and there is no expiry date for the 'service' which initially in most cases expires after 12 months.

Also state that:

Whilst no NTK was in fact ever served, the version they've shown/mocked up for POPLA is non-POFA anyway. Explain why (the 28 days period in the warning about 'keeper liability' is almost certainly NOT what Schedule 4 says in 8(2)f - you can check for yourself). As such, the keeper - who was not the driver - cannot be held liable.

And add that Britannia Parking's photos of the vehicle do not show the registration number (if that is still true, from the evidence).

And that the signage evidence doesn't show that full terms were readable near the car.

GSHopper

Sorry but despite all the help I got, I am afraid my POPLA appeal was unsuccessful

waamo

Can you post up the assessors reasoning please?