PCN received for “parking” - didn’t leave car

jonnyk

Comments submitted...

Thank you so much for support along the way - hopefully I'll be able to report a successful appeal soon!

jonnyk

Success! Popla decision received today with summary below. Thanks to all on site for fantastic support

Assessor summary of your case
The appellant says the Notice to Hirer does not comply with PoFA 2012 as the relevant documents have not been provided. The appellant says the operator has not shown the individual it is pursuing was the driver. The appellant says signage in the car park is not prominent, clear or legible from all parking spaces. The appellant says there is no evidence of landowner authority. The appellant says the operator has not allowed a grace period.

Assessor supporting rational for decision
The appellant has not identified as the driver on the day in question, I am therefore assessing their liability as the hirer. In order for the PCN to comply with PoFA 2012, paragraph 14 (2) (a) specifies that in addition to delivering a Notice to Hirer within the relevant period,the Creditor must also provide the Hirer with a copy of the documents mentioned in Paragraph 13(2) (i.e. (a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) a copy of the hire agreement; and (c) a copy of a statement of liability signed by the hirer under that hire agreement). From viewing the evidence provided by the operator, these documents are not included. Therefore, liability cannot be transferred to the hirer under PoFA 2012. In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. Upon consideration of the evidence provided to POPLA, I cannot determine the terms and conditions of the car park were breached. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal. together with a copy of the Notice to Keeper.

MistyZ

Woohoo!

That's a weight off your shoulders! Well done!