PCN where permit not transferred to vehicle

Cornerhog82

Umkomaas wrote: »

Let's read what they say if they reply.

And if they don't reply and merely run the clock down on their own 7 day timescale for 3rd party authorisation and withdraw the appeal?

Can this be taken further with POPLA?

Umkomaas

And if they don't reply and merely run the clock down on their own 7 day timescale for 3rd party authorisation and withdraw the appeal?

I don't know - but I'd rather deal in realities rather than possibilities. We don't have the answer to any and every hypothetical question posed.

Can this be taken further with POPLA?

There's nothing to stop you trying.

Cornerhog82

Umkomaas wrote: »

There's nothing to stop you trying.

So POPLA have finally come back and............still want 3rd party authorisation. Said they acknowledge what has happened with the other successful appeals but the operator is 'pursing'(sic) the driver.



Any suggestions on how a futher response can succintly explain that theyre wrong to do this? Basically allowing the operator to avoid the popla process and decide half way through to change to pursue the driver?

Umkomaas

I’ve not read back over 100+ posts, but did the original NtK say that the PPC were pursuing this under PoFA if the driver was not identified. Did any further communication from them state that they were now pursuing you as the keeper?

How can the PPC be pursuing the driver if they don’t know who he/she is. Chasing shadows?

Coupon-mad

So POPLA have finally come back and............still want 3rd party authorisation. Said they acknowledge what has happened with the other successful appeals but the operator is 'pursing'(sic) the driver.

The PPC cannot be pursuing the driver, if this POPLA code & rejection letter was provided to you (the keeper) then it's not the driver's appeal code.

Point out to POPLA that this is YOUR POPLA code, your POPLA appeal, not the driver's as they have never had a POPLA code or even a PCN, and what the PPC should have done is to withdraw from this POPLA appeal and not contest it, and instead they should have gone back to square one and issued a fresh PCN to the named driver in due course, who could then get their own POPLA code when THEY appealed.

This has not happened and this is the PPC's error in proceeding with THIS POPLA CODE which is yours, the keeper's, and at no point have you claimed to be acting on behalf of the driver in this appeal. You want your appeal considered, and given the fact that the driver has been named, it is clear that POPLA cannot find against you, the keeper, and 'tough' though that may be it is a lesson for the operator on the POFA and how to transfer liability properly and giving a driver their own chance to appeal a PCN in their name (none of this has happened and the keeper cannot be made to change their stance just because it's an uncomfortable lesson in the law for the operator to swallow).

Tell POPLA to stop trying to tell the rightful recipient of a POPLA code addressed to them, that somehow it's the driver's POPLA code now even though no PCN has been sent out to the driver no rejection letter, nothing. A POPLA code cannot just 'shift' to a third party.

Umkomaas wrote: »

How can the PPC be pursuing the driver if they don’t know who he/she is. Chasing shadows?

I suggested a tactic that this keeper named the driver to the PPC just after the keeper got their POPLA code, then the keeper used their POPLA code anyway!

Cornerhog82

Coupon-mad wrote: »

Tell POPLA to stop trying to tell the rightful recipient of a POPLA code addressed to them, that somehow it's the driver's POPLA code now even though no PCN has been sent out to the driver no rejection letter, nothing. A POPLA code cannot just 'shift' to a third party.

Email sent to POPLA to that effect.....tbc

Cornerhog82

And POPLA's response regaridng the 2 appeals that they requested third party authorisation for...

[FONT=Tahoma, Verdana, Arial][FONT=Tahoma, Verdana, Arial]It is not within POPLA's remit to investigate a Parking Charge Notice (PCN) when we have not received authorisation to discuss the matter with the party raising the appeal.
(Parking Operator Name) has indicated in its' case file that it is not pursuing you for payment of the PCN, and as we have not received the requested evidence of authorisation within the given time frame, we have now withdrawn the appeal.

If you wish to continue to dispute the PCN, it is now outside of our remit and you may wish to seek independent legal support.

We apologise for our next email, this will be sent as part of an automated process and cannot be prevented.

Kind regards
POPLA Team


Now in addition to POPLA clearly not knowing their own process and that they allowed the parking operator to shift the POPLA code to the driver, they have also withdrawn the appeal a day before they technically set the end of the timeframe - not that 3rd party auhorisation was going to be given.


So, is it now an official complaint to POPLA now that their incompetence has basically handed power back to the PPC?

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Coupon-mad

Send an email to John Gallagher.

They shifted a POPLA code from one person to another because the PPC wanted them to. That's not possible, the POPLA code was YOURS to use, as keeper.

Cornerhog82

Coupon-mad wrote: »

Send an email to John Gallagher.

They shifted a POPLA code from one person to another because the PPC wanted them to. That's not possible, the POPLA code was YOURS to use, as keeper.

Certainly will be contacting John Gallagher

Would you recommend a comprehensive email to him with the full history behind the 'failed' appeals, or purely to direct him to the POPLA refs, outcomes and points of dispute?

Umkomaas

Cornerhog82 wrote: »

Certainly will be contacting John Gallagher

Would you recommend a comprehensive email to him with the full history behind the 'failed' appeals, or purely to direct him to the POPLA refs, outcomes and points of dispute?

You need to give him some background then list the issues of dispute with evidence to support your position.

This isn’t an opportunity to have a moan about a decision you don’t like, you need to do a surgical dismantling of the areas in which the assessor has erred.

You don’t want to be sending pages and pages of verbiage (as we often see on here in War and Peace disproportionate rants), but neither do you want to be sending a curt ‘The assessor is wrong in a, b, and c - please review’ complaint.