Error in penalty notice

granola

The car was bought for and is used solely by another driver who does not live at my address (and according to the POFA schedule 4 definition is the keeper. The keeper/driver incurred the parking charge and a parking charge notice was sent to me as registered keeper. I own the vehicle.

As other posters have done, as registered keeper, I did not name the driver. The parking company are chasing me. I appealed, they dismissed it and warned that they have the right to recover the charge from me.

They threaten debt recovery procedures and possible court action.

I have to submit an online case at the POPLA website this week, and was given a verification code by the parking company.

The parking company quotes Parking Eye Ltd v Beavis.

I am now totally confused, having read lots of posts and Schedule 4.

I am left with an appeal for bad signage and a bid to see their landowner's contract. In both cases, it might put them off proceeding.

The images they sent me refer to a later tariff and from what I am told by the driver are not those around on the day of the contravention.

So, what do I do now? Am I allowed to appeal as registered owner to POPLA, using the signage and landowner?

Do I name the driver? It's probably too late for that.

Or not appeal, let it run its course and see what happens?

Coupon-mad

So, what do I do now? Am I allowed to appeal as registered owner to POPLA, using the signage and landowner?

Yes (thanks for clarifying!) but there is no such thing as a registered owner.

You are the registered keeper and yes you can appeal but don't muddle things by talking about the 'keeper'. I didn't understand it, so POPLA won't either. So don't say that, because it over-complicates the issue.

You should be saying a much more simple version of your paragraph I quoted:

The driver has not been named by the appellant, as I am entitled to do.
I am the registered keeper but I do not drive the car, and was not driving it on the material date.

This one is easy to win for a registered keeper; it's only Britannia Parking and they don't use POFA wording in their Notice to Keeper (if they ever posted a NTK to you). So as long as you say that (copy another Britannia one that says it) you will win.

granola

I have a BP NTK, which on the face of it covers the FOPA points it needs to address. It was sent about a week after the contravention they allege. I'm happy to send it (redacted) as a .pdf for information/awareness/advice if it helps others.

I am working on the other tips, for which thanks.

Umkomaas

Host your image on tinypic, imgur or Dropbox (don’t use photobucket it’s no longer free) and copy, paste and post the url here. I think you probably have enough posts under your belt to post a live link, but if you’re having trouble, change http to hxxp and a regular will convert.

granola

Thanks.

Meantime, I have three non-compliances with the BPA's Code of Practice. As below.


3. Non-compliance with British Parking Association’s Code of Practice.

Condition 20.5a states that when issuing a parking charge notice: “you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered.”

There is no time or date stamp on the images in the parking charge notice, nor yet on the signage referred to in point 2 above.

22.8 says: “you must acknowledge or reply to the challenge within 14 days of receiving it.”

The parking company say they received the appeal on 21 September, and replied to it on 18 October - more than 14 days.


Condition 22.12 says that” “if you reject an appeal you must:
• tell the motorist how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form or a link to the appropriate website for lodging an appeal and a valid 10-digit verication code. Even if the verication code is automatically printed on an enclosed appeal form, it must still be in a prominent position on the first page of the
rejection letter.”

The verification code is in the penultimate paragraph at the bottom of page 2 of their rejection letter.

Umkomaas

22.8 says: “you must acknowledge or reply to the challenge within 14 days of receiving it.”

The parking company say they received the appeal on 21 September, and replied to it on 18 October - more than 14 days.

35 days is the important date, and even that is extendable. POPLA won’t be interested in the 14 days point, many PPCs fail to acknowledge the appeal, just going straight to a decision within 35.

Condition 22.12 says that” “if you reject an appeal you must:
• tell the motorist how to make an appeal to POPLA. This includes providing a template ‘notice of appeal’ form or a link to the appropriate website for lodging an appeal and a valid 10-digit verication code. Even if the verication code is automatically printed on an enclosed appeal form, it must still be in a prominent position on the first page of the
rejection letter.”

The verification code is in the penultimate paragraph at the bottom of page 2 of their rejection letter.

Won’t have any impact at POPLA. The fact that you are actually utilising the verification code must mean it was prominent enough.

While your first point about Code of Practice ‘failure’ is definitely worth making, the other two are clutching at straws in the wind.

granola

Understood the latest. I have Dropbox but seldom use it, so need a steer.

I have cut pasted and posted stuff, and know what an url is. In this context, is the url you mention the address at the top (ie, this: https://forums.moneysavingexpert.com/discussion/5724622

granola

Crash course in Dropbox gets these images of PCN. See posts above for context.

https://www.dropbox.com/s/5zlsn9zjuxiy2h8/pcn2%3A1.pdf?dl=0
https://www.dropbox.com/s/jk1693fodoqmct6/pcnpic.pdf?dl=0

Coupon-mad

'you are warned that, if after 28 days'

Compare that phrase to what they should have said!

You need to spell the error out to POPLA. CLUE: 28 days of what/from when?

Did that NTK follow a windscreen PCN, if so did it arrive between day 29 and day 56?

granola

Thanks. I spotted that again while re-re-reading everything and wondered what to do about it. Thanks for the steer.

There was no windscreen ticket. The PCN arrived remarkable quickly. Contravention 29 Aug, PCN arrived 7 Sep.

I can now finish what should be the final version for consideration your end.