Britannia parking popla

Lgaaa

Hi,
I received a PCN-NTK from Britannia parking for failing to make a valid payment. I've appealed to Britannia parking with the template provided which has been rejected. I have been given a popla code but I'm pretty lost on how to appeal to popla. I read in the newbie thread that the notice must be issued within 14 days if there was not a notice on the window which there wasn't. The notice was in fact issued within 15 days as the date of contravention was 24th October and the date of notice was 9th November. I'm guessing this is my main point to get the PCN overthrown ?
All replys and help appreciated
Liam

Redx

correct, POFA2012 failures and not transferring liability from driver to keeper are your 2 strongest points for a postal NTK failure

add in no landowner contract, poor and inadequate signage, any BPA CoP failures, etc and your will have a good popla appeal from a KEEPER (not a driver which is why we tell people not to reveal who was driving)

so search for "golden ticket" and use that as the basis of the appeal, see post #3 of that NEWBIES thread for guidance (hint , there will be numerous examples of this by SMART, PARKING EYE and BRIT etc)

Lgaaa

/imgur.com/a/hgJzruA
/imgur.com/a/UUrq8rQ

Both sides of the letter received

Umkomaas

http://imgur.com/a/hgJzruA
http://imgur.com/a/UUrq8rQ

No formal Keeper Liability warning required under the Protection of Freedoms Act 2012 Schedule 4, para 9 visible in the NtK.

Can't judge the dates without seeing them clearly on the NtK - no need to redact them as they are important to regs in order to give you accurate advice.

Eminently winnable at POPLA. Get working on the major appeal point 'No Keeper Liability'.

Lgaaa

The notice was in fact issued within 15 days as the date of contravention was 24th October and the date of notice was 9th November. These are the dates blanked out. Thank you for your time

KeithP

Lgaaa wrote: »

The notice was in fact issued within 15 days as the date of contravention was 24th October and the date of notice was 9th November. These are the dates blanked out. Thank you for your time

The NtK must arrive with the keeper within the specified timescale.

So if the issue date on the NtK is 9th November, a Friday, it could not have arrived with the keeper until Tuesday 13th November.

That's twenty days. You win.

Umkomaas

Lgaaa wrote: »

The notice was in fact issued within 15 days as the date of contravention was 24th October and the date of notice was 9th November. These are the dates blanked out. Thank you for your time

Disagree - and you miss your golden opportunity to kill this off. This is all about date of receipt (service), not of issue.

Day 1 in the count is the day after the actual date of the contravention - 25th October.

Effective date of service of the NtK is on the 2nd working day following the date the NtK is 'sent' (important description - 'issued' doesn't mean 'sent'). Protection of Freedoms Act 2012 9 (6) applies.

Now assuming that the NtK was 'sent' on 9 November, tell us what date is the 2nd working date following 9 November. Then tell us how many days that is after the day following the date of the parking contravention.

Lgaaa

The next working day is the 12th of November which is 19 days from it being sent

Lgaaa

Sorry second working day is the 13th which is 20 days

Umkomaas

Lgaaa wrote: »

Sorry second working day is the 13th which is 20 days

BINGO - no Keeper Liability!

waamo

Spell this out to the POPLA assessor in words a ten year old could understand. They aren't the sharpest tools in the box.