POPLA RESULT RECEIVED - Britannia Parking PCN

Jakeh_2

Haha, I did think that however on the template beneath the POPLA Code you insert the vehicle registration and POPLA "ref"...


My brain is now fried hence the silly mistakes

MistyZ

My PCN from Britannia (received this year) was POFA compliant. But you might as well upload it, or at least quote the POFA section on the PCN as the more information we have, the better.

As regards 'The Operator has not shown .....' section, if the SAR doesn't arrive in time I'd be inclined to include it anyway, though not as the first point. Looks to me like successful POPLA appeals usually win due to one killer point. I've not seen any assessors rejecting appeals on the grounds that points which they consider weak negate the compelling ones. But I do not know for sure.

Jakeh_2

I'll type the POFA paragraph as I'm having trouble uploading a copy.


"Protections of Freedoms Act 2012 Paragraph:
You are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the vehicle is required to pay this charge in full. If you were not the driver of the vehicle at the time, please inform us of the name and current postal address of the driver and pass this notice on to them.


You are advised that if, after 29 days from the date given (which is presumed to be the second working day after the Date Issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you as the vehicle's Registered Keeper. This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our compliance with the applicable conditions under Schedule 4 of the Act.


Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid.


Failure to pay the full amount of this notice within 29 days may result in the proceeding of debt recovery action and/or issuing court proceedings against you. Additional costs will be incurred.


Please see reverse for details of how to pay or transfer liability."


Nice and friendly - not threatening at all.

MistyZ

I do think the PCN is POFA compliant. To check for yourself, google POFA Schedule 4. Paragraph 9 is the one you need to check POFA compliance. There's also a link to it in the Newbies' Guide, a little below the blue template for first appeals.

No, not threatening at all. So, so reasonable.

Jakeh_2

I've reviewed Schedule 4 and it does - on the face of it - appear to be POFA compliant.

I guess all I can do is sit tight and wait for the SAR to come back - however I don't think it will be of any detriment to my appeal if I were to leave it out (assuming it's not going to come back in time).

I think it might be time to send my appeal.

The final draft is here: *link removed temporarily*

Any last minute advice before I do so?

Thanks everyone for your help.

Castle

Jakeh wrote: »

I've reviewed Schedule 4 and it does - on the face of it - appear to be POFA compliant.

I doubt it because Schedule 4 of POFA doesn't refer to "date issued" anywhere; which is why the "date sent" is required to be stated on the NTK under Para 9(2)(i).

Jakeh_2

Thank you. You are absolutely correct.


POFA 2012 - Schedule 4 - Paragraph 9 section (2)(i)
"specify the date on which the notice is sent (where it is sent by post) or given (in any other case)."


The front of the PCN refers to the 'Date of this notice' and the rear of the PCN refers to a 'Notice Issue Date' on the PCN payment slip.


There is no reference to all when it was actually sent.

I will add another section regarding the NtK not being compliant as a result.


Thank you again.

Jakeh_2

I've included a section regarding the date sent issue on the NtK along with the section on no evidence of 'Period Parked' (section 4).

I've also reintroduced the section regarding no planning permission / advertisement consent from the council.

I'm taking this matter up separately with my MP because I believe the council have a financial interest in the car park and they are knowingly allowing the misuse of advertisement - this may explain their blase response to my questions, but I won't discuss this matter here.

So, I intend to send the appeal towards the end of this week. If someone could have a sit down and read through and offer any last minute advice it that'd be really appreciated.

Thanks

nosferatu1001

Planing permission is irrlevant. Only advertising consent MAY be of consideration but you need to make a strong ex turpi argument

I cant see google drive.

Jakeh_2

The planning permission / advertisement consent content is taken from a successful appeal in the NEWBIES section. I don't expect it to be the winning argument, it is merely to add additional pages to the appeal and create additional things for the PPC to respond to.


I can't help with the google drive situation, but thank you for your input.