POPLA appeal Euro Car Parks - Contract Hire Car

Edna_Basher

Hospickle_Parking wrote: »

I got a duff assessor.

You sure did.

I am satisfied that it has been provided to the appellant in accordance with the provisions set out in PoFA 2012. As a result, I am satisfied that the provisions set out in PoFA 2012 have been met for the purposes of transferring liability for unpaid parking charges from the keeper to the hirer of the vehicle.

But what about ECP delivering a Notice to Hirer in full compliance with Schedule 4 of POFA? ECP's Notices to Hirer are written as a "catch all" PCN claiming that the recipient is the registered keeper and / or they have been named by the registered keeper as the driver/hirer at the time of a breach of terms and conditions of parking.

They make no reference to Paragraph 13 or 14 of Schedule 4 of POFA; instead they refer to Paragraph 9 as if the PCN was intended to be a Notice to (Registered) Keeper. Any competent, reasonable professional would quickly spot this. Unfortunately, in your game of assessor roulette, you weren't allocated one.

The best you can hope from Mr. Gallagher is an admission that the decision was "not one that he would have reached". Don't expect any word of apology.

Hospickle_Parking

Umkomaas wrote: »

The scan isn't very clear, but I do see a section with 'Hire Agreement' showing. Does that meet condition b)?

Is there a copy of your signature showing there to meet condition c) - very hard to distinguish from the scan.

No. There's no signature of mine on there. Sorry if it's indistinct. It's just a letter from the hirer telling them that I am the keeper, giving rudimentary details of the contract (length, starting date and term) and excusing themselves from any liability. Nothing else.