PCN where permit not transferred to vehicle

KeithP

Your early posts on this thread tell us that the Registered Keeper was not the driver.

But there is nothing in your PoPLA appeal that challenges the PPC's right to transfer the driver's liability to the keeper.

To transfer that liability to the keeper they have to meet all the requirements of POFA2012.

If they allege that they have done that, and you do not challenge that, they win.

Cornerhog82

KeithP wrote: »

Your early posts on this thread tell us that the Registered Keeper was not the driver.

But there is nothing in your PoPLA appeal that challenges the PPC's right to transfer the driver's liability to the keeper.

To transfer that liability to the keeper they have to meet all the requirements of POFA2012.

If they allege that they have done that, and you do not challenge that, they win.

Will redraft to include reference to keeper liability and POFA2012

Cornerhog82

KeithP wrote: »

Your early posts on this thread tell us that the Registered Keeper was not the driver.

But there is nothing in your PoPLA appeal that challenges the PPC's right to transfer the driver's liability to the keeper.

To transfer that liability to the keeper they have to meet all the requirements of POFA2012.

If they allege that they have done that, and you do not challenge that, they win.

I'm struggling to see what I can challenge on against POFA2012, as the PPC appear to have hit all the POFA2012 Schedule 4, paragraph 9 points relating to PCN, including stating they do not know the name or address of the driver.

Any advice at this point would be appreciated

Coupon-mad

Really? Wasn't it not his car, remind us, was it borrowed or hired and who did Care Parking send the first postal NTK to?

Cornerhog82

Coupon-mad wrote: »

Really? Wasn't it not his car, remind us, was it borrowed or hired and who did Care Parking send the first postal NTK to?

Keeper was not driving. Vehicle borrowed by a relative who was an occupant on the day in question.
Postal NtK went to the keeper of the vehicle

Coupon-mad

OK here's a sneaky tactic, if you don't mind naming the driver after all:

The keeper writes NOW by email and post to Care Parking, telling them that they are transferring liability because the car was being used by a relative and their name and address is:

blah blah (including their postal address)

As such, any potential liability has been transferred under the POFA before any action has commenced and they have no case for action against the keeper, as confirmed in the BPA CoP where it states that where the driver's name & address are known, the claim can only be against that driver.

Then wait a week (assuming the POPLA code is not about to expire) and bung in the POPLA appeal, with the first point being that the driver has already been named, and attach proof (including proof of posting, the Certificate of posting the keeper gets from the PO). And proof of emailing the same ('sent' email item screenshot from your 'sent' box).

Then quote the POFA to prove that the keeper CAN'T be held liable.

I am hoping this will put them between a rock and a hard place and if they offer 'no contest' then the POPLA rules require that the PCN has to be cancelled.

Are the parties up for that? Otherwise the POPLA appeal looks shaky on winning points that POPLA would agree with, IMHO.

Coupon-mad

Oh, and please please please REMOVE the split infinitive horrible intro to that POPLA appeal, that was written very badly by one poster and umpteen hundred new posters keep copying the darn thing.

Search the forum for grammatical aberration before I keel over!

Cornerhog82

Coupon-mad wrote: »

OK here's a sneaky tactic, if you don't mind naming the driver after all:

The keeper writes NOW by email and post to Care Parking, telling them that they are transferring liability because the car was being used by a relative and their name and address is:

blah blah (including their postal address)

As such, any potential liability has been transferred under the POFA before any action has commenced and they have no case for action against the keeper, as confirmed in the BPA CoP where it states that where the driver's name & address are known, the claim can only be against that driver.

Then wait a week (assuming the POPLA code is not about to expire) and bung in the POPLA appeal, with the first point being that the driver has already been named, and attach proof (including proof of posting, the Certificate of posting the keeper gets from the PO). And proof of emailing the same ('sent' email item screenshot from your 'sent' box).

Then quote the POFA to prove that the keeper CAN'T be held liable.

I am hoping this will put them between a rock and a hard place and if they offer 'no contest' then the POPLA rules require that the PCN has to be cancelled.

Are the parties up for that? Otherwise the POPLA appeal looks shaky on winning points that POPLA would agree with, IMHO.

Do you honestly think this is the only course of action now?

The rejection letter states "...This decision is final and no further communication will be accepted by Care Parking with regard to this appeal, therefore you are requested to now submit your payment of the monies owing."

Having felt quite confident going into the process of appealing, I'm now nervous that you don't think the grounds are strong enough. The POPLA code was issued a week ago, The code checker suggests there are 22 days remaining to appeal to POPLA.

I take it the correspondence to Care Parking should only relate to this specific PCN/POPLA ref, as there are others to contest.

Cornerhog82

Would a redacted scanned copy of the PCN in question help to post on here for illustration to ensure I'm not missing something blindingly obvious to appeal?

Cornerhog82

https://www.dropbox.com/s/pjtxj8c5qvkjgpq/PCN%20Care%20Parking_redacted-compressed.pdf?dl=0