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Help with popla appeal, only received notice to hirer *REVISED POPLA DRAFT ADDED* submitting soon

Shellz090
Shellz090 Posts: 17 Forumite
edited 20 January 2019 at 4:42PM in Parking tickets, fines & parking
Hi there after a read through the faq for newbies I'm a little confused and am after so guidance.

I have been informed by my employer that they have received a pcn from ncp from the 7th of October. The charge is for "parked longer than the time paid for" which is total rubbish. I've looked and as it's over 2 months ago I haven't the ticket anymore as have cleaned the car several times since then.

I looked into the appeal area of the site and it says I need to send photographic evidence with my appeal? Obviously I don't have this, but would they have had to photograph the ticket in the car as proof? I know for a 100% I had the correct time on the ticket. Nothing was left on the windscreen on the day etc...
The car park has photographed the car entering and leaving but there is no copy of the tixket online?

Any help would be great as I want to get this resolved asap!

Thanks
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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If you've read the Newbies thread you will have seen you send the template unaltered.

    If they are asking for x,y and z that's their problem. It's POPLA that counts not their waste of time appeal.
  • Hi I have received a reply from ncp (through the fleet manager at work) that my appeal has been rejected they have looked into and found out I hadn't paid the full amount. But have provided no evidence to the fact which was requested. My company has told me they will be paying and deducting the amount from my wages. I have received the popla code and am looking to take this further. Any advice would be great
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Shellz090 wrote: »
    Hi I have received a reply from ncp (through the fleet manager at work) that my appeal has been rejected they have looked into and found out I hadn't paid the full amount. But have provided no evidence to the fact which was requested. My company has told me they will be paying and deducting the amount from my wages. I have received the popla code and am looking to take this further. Any advice would be great

    I take it you've reviewed your contract of employment and it says they can make such deductions from your salary?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Appeal to POPLA. There is a guide in post 3 of the Newbies thread. Hopefully you studied this after being told that it was a POPLA appeal that was what counted.
  • Shellz090
    Shellz090 Posts: 17 Forumite
    I have reliped to state that I'm wanting to take this further and please to do not pay the fine so am currently waiting for confirmation of this.

    I had informed my employer that I wanted to appeal and not to pay ect, but they replied saying we have appealed as it's a company vehicle. The appeal rejection letter that was forwarded to myself is addressed to the company, so I am assuming they have not informed them I'm the keeper of the vehicle. So there has never been a notice to keeper issued?
  • Shellz090
    Shellz090 Posts: 17 Forumite
    I have reliped to state that I'm wanting to take this further and please to do not pay the fine so am currently waiting for confirmation of this.

    I had informed my employer that I wanted to appeal and not to pay ect, but they replied saying we have appealed as it's a company vehicle. The appeal rejection letter that was forwarded to myself is addressed to the company, so I am assuming they have not informed them I'm the keeper of the vehicle. So there has never been a notice to keeper issued?
  • Shellz090
    Shellz090 Posts: 17 Forumite
    edited 14 January 2019 at 5:40PM
    Hi guys I'm now looking for some help with regards to my popla appeal. My company received a notice to hirer pcn on the 11th of December 2018. It was passed on to me, Ive just been in contact with the lease firm to try and get details of when they received the Notice to keeper but they were unable to provide this to me and are pretty much worse than useless.

    After reading through the newbie thread I'm trying to get my head around where what to include in my appeal to popla. Do I go by the information that is / isn't included on the notice to hirer? As I'm trying to find the terms in which they have broken rules etc. I have included the notice to hirer if that helps?

    hxxps://ibb.co/37pGf2b

    Im sorry if this an obvious answer but brain has gone to mush trying to digest it all.

    many thanks
  • Le_Kirk
    Le_Kirk Posts: 26,405 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your link checked and made live: -
    https://ibb.co/37pGf2b
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 January 2019 at 5:49PM
    the NTK would have gone to the lease company, or company, not to you (as hirer/lessee you will never get an NTK)

    you appear to have not received the NTH because you were not named by the company as the day to day keeper (the hirer) - which is what the company SHOULD have done under POFA, especially as that law is now over 6 years old, so no excuses

    you need a POPLA code to appeal to popla, so is there a popla code ? you say there is but none of this is in your name ?

    if yes, you should study the edna basher posts about this because he is the expert in these hire matters, including any hire docs (or lack of hire docs) and POPLA appeals

    so its more complicated if you have not been named as hirer because you have no NTH (so not an NTK which is different)

    you can look at any popla appeals involving lease and company vehicles over the alst 18 months or so, to gain inspiration, to plagiarise them for your own appeal , assuming that YOU can appeal this when the correct procedures have not been followed ?
  • Umkomaas
    Umkomaas Posts: 44,431 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The PoFA warning on the Notice to Hirer is defective. It is not 28 days, but 21 days. Add to that I can't see that any of the documents listed in PoFA Schedule 4 have been supplied with the NtH.

    But it's important that the correct individual/organisation appeals this.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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