Britannia POPLA

coolcold

Hi all,
My partner got caught on double dip in a Brittania car park and I received a PCN. I have appealed to them as the keeper and now got the POPLA verification code. I just wonder if I only appeal as the keeper is good enough given I have read it is best to appeal with multiple points rather than one only. It will be based on Keeper liability requirements not achieved as I received the PCN 20 days after the contravention date, which should be clear they cannot exercise POFA, hence keeper is not liable? Or is the 14 days threshold the deadline they need to contact DVLA?

There is also a photo of the driver in the car, though not me, would that matter? Do I need to provide proof that I am not the driver? Does the appeal process take a lot of effort and/or do I need to go to court for the matter?

Here is what I intended to send to POPLA. Any advice would be appreciated.

Dear POPLA Adjudicator,

I am writing to you to lodge a formal appeal against a parking charge notice sent to myself as registered keeper of the vehicle in question.
I contend that I am not liable for this parking charge on the basis of the below points:

1) A compliant Notice to Keeper was never served - no Keeper Liability can apply. This Notice to Keeper (NTK) is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and the wording used.

This operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter. If Schedule 4 mandatory documents are not served at all, or in time (or if the document omits any prescribed wording) then keeper liability simply does not apply.

The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if

(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;

*Conditions that must be met for purposes of paragraph 4:
6(1) ''The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further ‘If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.’
It is my understanding that for an operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in the Protection of Freedoms Act (PoFA) 2012 must be adhered to. The Driver of the vehicle has not been identified (as confirmed in the operator’s rejection of my appeal, dated xxth of xxxxx 2017) and the Notice to Keeper fails to comply with section 9 of PoFA 2012 (no windscreen ticket was issued), specifically the following passage:

“2) The notice must – f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given – (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;”

The Notice to Keeper that was received (Parking Charge Number xxxxxxx, dated xx xxxxx of 2017) omits such information. I have included in my POPLA submission the two pages of the notice which confirms that such text is absent. The only instruction in this regard is as follows:

“Please be advised that the driver of the motor vehicle is required to pay the parking charge in full. As we do not know the drivers name or current address, and if you were not the driver of the vehicle at the time, you should tell us the name and current postal address of the driver and pass this notice to them for payment.”

Evidently, the operator has withheld from me (as the registered keeper) the required details of my liabilities in the event that the driver is not identified. This might be an omission on the part of the operator or a deliberate attempt to mislead, but regardless, the Notice to Keeper fails to comply with PoFA 2012 (section 9).
As this operator has evidently failed to serve a compliant NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability. Clearly I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly elaborated.

Yours faithfully,
xxxxxxxxxxx


(Registered keeper of vehicle)

Coupon-mad

You could/should beat Britannia with just that appeal, because Britannia don't use the POFA.

But I do prefer adding in the other template points about 'no landowner authority' and 'dodgy signs' because it encourages the likes of Britannia to give up when they see it all!

I just wonder if I only appeal as the keeper is good enough given I have read it is best to appeal with multiple points rather than one only. It will be based on Keeper liability requirements not achieved as I received the PCN 20 days after the contravention date, which should be clear they cannot exercise POFA, hence keeper is not liable?

You are right and a PCN posted over 14 days after the event is not capable of holding a keeper liable. The POFA says you have to have received it by then AND it has to contain the warning about keeper liability.

This one was fatally late and not worded properly, so you will win.

There is also a photo of the driver in the car, though not me, would that matter?

Nope, a photo doesn't have a name! Neither POPLA nor Britannia have any idea who that face is, and no access to any 'database' (they aren't the Police)!

Do I need to provide proof that I am not the driver?

No, not at all.

Does the appeal process take a lot of effort and/or do I need to go to court for the matter?

No, you just fill a few boxes in (name and address) and click 'OTHER' and attach your PDF appeal there, upload it. It's a fiddly/crap system, but easy. No court, nothing, it's all online and you will win.

Umkomaas

I’ve scanned over your draft, and having seen so many of the same points made so often almost every day, I do apologise that my eyes glaze over and I do go a bit into autopilot mode.

Sorry if I’ve missed this, but I didn’t see you explain in your appeal (as you did in your post to us) the actual dates (and number of days) of the parking event and the date of issue and the date of receipt of the NtK, being outside the prescribed time and therefore the transfer of liability to the keeper cannot be invoked.

As I said, sorry if I’ve missed it in all the text - it’s been a long and busy day on the forum!