Popla appeal - Care Parking & keeper liability

oofaafuu

Hi,

A car was parked at a site operated by care parking (cp), and was issued with a ticket for "Abused Patronage" citing that the driver left the site in contravention of the signage.

The keeper has followed the guidance on MSE, appealing at the correct times and has kept a full log of dates of correspondence.

The keeper has now received the evidence from Popla in regard of the cp claim, which contains no evidence of the abused patronage other than a heavily redacted form with an incomplete sentence describing a female having been observed leaving the site (no photos of this).

All the above is incidental, it appears that cp are suggesting that keeper liability and the sending of an NTK is affected by any appeal made to the parking operator by the keeper.

My understanding is that the operator has to send the NTK within 56-57 days after the date of the windscreen ticket to assert keeper liability. The driver has not been identified and the notice to keeper is dated 59 days after the windscreen ticket so even using the supposed rule of thumb that on that basis it should arrive within two working days, effectively this means that NTK arrived 61 days after the windscreen ticket.

Am I missing something or does this mean that any keeper liability has expired.

Thanks in advance.

Oof.

Coupon-mad

The keeper has now received the evidence from Popla in regard of the cp claim, which contains no evidence of the abused patronage other than a heavily redacted form with an incomplete sentence describing a female having been observed leaving the site (no photos of this).

All the above is incidental, it appears that cp are suggesting that keeper liability and the sending of an NTK is affected by any appeal made to the parking operator by the keeper.

You are not missing anything, they are doomed and they will lose, either on:

- no evidence that the driver left the site (a random female seen walking somewhere is not evidence that the unidentified driver left the boundary fof the site)

- no NTK served. You are right, that is fatal to their case.

You must make some comments on the Portal to steer POPLA in that direction!