PCN where permit not transferred to vehicle

The_Deep

Not quite sure why POPLA can uphold one appeal, but seek 3rd party authorisation on others????

Why not ask them.

Cornerhog82

The_Deep wrote: »

Not quite sure why POPLA can uphold one appeal, but seek 3rd party authorisation on others????

Why not ask them.

Draft of reply to POPLA

May I refer you to POPLA reference XXXXXXXXXX, with a successful decision being reached by POPLA assessor XXXXXXXXX on XX October 2019. This assessor clearly understands that, as the driver has been named to the operator, yet the operator has continued with the POPLA process that is based on keeper liability and POFA2012, the appeal must be deemed successful as the keeper cannot be held liable.

Umkomaas

You tell POPLA that the PCNs have been issued against you, the PPC has not reissued against the named driver. The appeals you have submitted are in no way related to the driver, but are only and singularly related to the PPC charges against you - the registered keeper. POPLA has no appeals from the driver to deal with, and as you have transferred liability under the Protection of Freedoms Act 2012 (Schedule 4), POPLA have to deal with your appeals as per the law of the land, they cannot contort it for administrative convenience.

Cornerhog82

Umkomaas wrote: »

You tell POPLA that the PCNs have been issued against you, the PPC has not reissued against the named driver. The appeals you have submitted are in no way related to the driver, but are only and singularly related to the PPC charges against you - the registered keeper. POPLA has no appeals from the driver to deal with, and as you have transferred liability under the Protection of Freedoms Act 2012 (Schedule 4), POPLA have to deal with your appeals as per the law of the land, they cannot contort it for administrative convenience.

The PCN was reissued against the named driver as mentioned in earlier posts but PPC did not withdraw from the appeals process against the RK at this point. therefore appeal must be upheld as no keeper liability.

Cornerhog82

Email sent to that effect

Cornerhog82

Cornerhog82 wrote: »

Email sent to that effect

Response from POPLA....

Thank you for your contact regarding your appeal.

You are not the person the operator it pursing in relation to this PCN. We require you to provide authorisation from the relevant person by XX October 2019 or this appeal will be withdrawn as you have not demonstrated that you have the relevant authority to appeal the charge.

Please note that once a POPLA appeal has been withdrawn it cannot be reopened.

Should I now refer them directly to the reference numbers for the 2 successful appeals outcomes?

Cornerhog82

Emailed response to POPLA today stating again that this appeal is no different to the previously successful 2 appeals based on keeper liability where the PPC have contravened POFA2012. Have requested that they explain why they believe this appeal is different and also how the parking operator is apparently able to bypass the POPLA against the RK and pursue the driver.

By requesting the 3rd party authorisation I would argue that POPLA are in fact facilitating the PPC to pursue the driver and claim their charges. PPC should have withdrawn from the appeal against the RK, sating they were pursuing the driver - YET THEY DID NOT!

POPLA are threatening to withdraw the appeal if authorisation is not received by Monday, so if they bat it back again or don't respond, what is the next course of action?

Umkomaas

POPLA are threatening to withdraw the appeal if authorisation is not received by Monday, so if they bat it back again or don't respond, what is the next course of action?

Uncharted waters. I've not seen this scenario previously. Let's read what they say if they reply.

Cornerhog82

Umkomaas wrote: »

Uncharted waters. I've not seen this scenario previously. Let's read what they say if they reply.

Would it run the risk of the 2 successful appeals being overturned?

Umkomaas

Cornerhog82 wrote: »

Would it run the risk of the 2 successful appeals being overturned?

I wouldn't think so, there's little evidence of much joined up thinking going on at POPLA. The decisions have been made, but we don't underestimate the POPLA capacity to screw things up.

Your crystal ball is as good as ours.