Brittania Parking PCN

met6173

Thanks, they are happy to get their money where ever it comes from so far as i can see but is it ok to post my POPLA appeal letter on here or is someone willing to read it over for me before i lodge it?

Coupon-mad

Yes the regular posters (those with over 1000 posts at least) will comment for you when we see your POPLA appeal.

met6173

Dear Sir/Madam,

I am writing to appeal a PCN issued to myself as the registered keeper by Britannia Parking. The alleged parking contravention dates back to 8th November 2017. The Notice to Keeper was issued until 23rd November 2017 and received 27th November. There are number of errors with the PCN issued by Britannia Parking.
Britannia Parking have not met the keeper liability requirements and therefore keeper liability does not apply. Britannia Parking can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As Britannia Parking have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge.
POFA 2012 Schedule 4, Paragraph 9.5 states

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
As already mentioned the PCN was issued 15 days from the alleged contravention.
POFA 2012 Schedule 4, Paragraph 9.6 goes on to say
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
After being issued on the Thursday 23rd November the letter was not received until Monday 27th November, some 19 days from the original alleged contravention.
I do not believe that Britannia Parking has the authority to issue the PCN as they do not own the carpark and I dispute that they have the authority to enter into contracts regarding the land or to pursue charges allegedly arising. They do not own nor have any proprietary or agency rights or assignment of title or share of the land in question. I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park they do not own, or indeed the lawful status to allege a breach of contract in their name.
Britannia Parking must provide the POPLA Adjudicator with documentary evidence in the form of a copy of the actual site agreement/contract with the landowner/occupier. Specifically, to comply with the Code of Practice, the contract needs to specifically grant Britannia Parking the right to pursue parking charges in the courts in their own name, as creditor. Please note that a 'Witness Statement' to the effect that a contract is in place between Britannia Parking and the landowner will be insufficient to provide all the required information, and will therefore be unsatisfactory.

Coupon-mad

You need to number the paragraphs, and you should add the usual other template points from post #3 of the NEWBIES thread, to make the appeal deliberately long.

met6173

Hi thanks for your help, I've added numbers to my paragraphs as well as some of the pointers from the post and will copy and paste

met6173

i would post my latest draft but it wont let me? Any ideas why? It doesnt look like theres any limit to the number of characters in a post and it let me put the 1st draft up...

Le_Kirk

met6173 wrote: »

Dear Sir/Madam,
........ The Notice to Keeper was issued until 23rd November 2017 and received 27th November. .......

This does not make sense, did you mean WAS NOT issued?

Quentin

met6173 wrote: »

i would post my latest draft but it wont let me? Any ideas why? It doesnt look like theres any limit to the number of characters in a post and it let me put the 1st draft up...

Try splitting it into multiple posts

met6173

no, that didnt help...still says unable to post your message

met6173

1. Britannia Parking have not met the keeper liability requirements and therefore keeper liability does not apply. Britannia Parking can therefore only pursue the driver. As the keeper of the vehicle, I decline, as is my right, to provide the name of the driver(s) at the time. As Britannia Parking have neither named the driver(s) nor provided any evidence as to who the driver(s) were I submit I am not liable to any charge.

[FONT=&quot]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:




[/FONT]