Help with POPLa appeal

Coupon-mad

What does the paragraph say near the bottom, about the keeper being liable?

Roxisaphire

In the NOT or the thing you told me to read?

Coupon-mad

Obviously I am not asking you to quote the POFA at me. I could quote it off the top of my head!

Roxisaphire

This parking charge notice has been issued to you the registered keeper of this vehicle as it was parked in breach of the terms and conditions which apply at the car park stated above on (date of notice). If you were not the driver at the time of this breach please supply the full name and a serviceable postal address of the driver so that we may serve notice to them.

I can't see anything about the keeper being liable

Redx

in which case its missing so there is no keeper liability under POFA2012


so no keeper liability and they havent transferred liability from driver to keeper will feature in the appeal


so your quote above is factually incorrect

Ok so I've read paragraph 8 and the NTK looks like they have done everything they should have done except possibly providing evidence, depends on if an address for their website to appeal at counts (as the evidence would be on the site)

Roxisaphire

Ok appologies fir being incorrect I am obviously no expert like you. The appeal rejection letter does mention liability...
Thank you for your appeal. Firstly, you explain in your appeal that you are the keeper of the vehicle and that you are not going to make who the driver was. Please note that according to POFA 2012 you, as the keeper of the vehicle, are liable for this parking ticket charge unless you provide us with the full name and a serviceable address of the driver so that we can transfer liability.

Redx

I am no expert , but having read thousands of posts on here and a 6 year old law called POFA2012, the PPC has to send the NTK within the correct time period (14 days for ANPR and between day 29 and day 56 if a windscreen ticket was issued)

they also have to warn the keeper in the NTK (not the rejection letter) if they wish to invoke POFA2012 keeper liability

ie:- they have to fulfil BOTH conditions at the correct stage and not "oh by the way"

you were asked earlier to confirm YOUR statement that the PPC had met BOTH conditions, you said yes , now its clear they havent

we cannot see your paperwork, so have to ask basic questions until you have provided the correct information to move forward

so do not shoot the messenger


BTW , they are incorrect, UNLESS they have followed POFA2012 to the letter, which many firms fail to do , so they are no experts either , lol

KeithP

Roxisaphire wrote: »

"Please note that according to POFA 2012 you, as the keeper of the vehicle, are liable for this parking ticket charge unless you provide us with the full name and a serviceable address of the driver so that we can transfer liability."

They are telling fibs.

Roxisaphire

I understand that and am sorry if I sounded testy but for someone who isn't used to all this, reading all that legal jargon and trying to compare it to a letter is quiet difficulty to understand. I actually didn't realise that it was a different person responding to the previous message. Moving forward does this mean that they made a mistake and I should quote this in my POPLA appeal

Redx

from what you have said it appears that they missed the POFA2012 liability from the NTK, but then complained about it in the rejection letter

so yes you add all the relevant paragraphs to highlight that to a popla assessor, see post #3 of the NEWBIES FAQ sticky thread

you have up to 33 days to upload your popla appeal to their portal, so aim to do so on day 57 from the incident date , that way they cannot issue an corrected NTK

but do not miss the popla deadline either

even if you win on this technicality alone , a win is a win , no matter what has gone on

so I would DEFINITELY be using the POFA2012 failures on their paperwork, after all, if they do this for a living and fail on the basics after almost 6 years , then exploit it !!!

we know you are new to this, which is why you get short replies phishing for the information required to help you beat this

you will know better the next time you get one , so its all a learning curve

question for you , how can you tell when they are lying ?
A - when their lips are moving , lol