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how important is the use of "I" in golden ticket PCNs
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Thank you so so much all of you for your help and advice!! :beer::T:T:T
Up yours parkingeye!
thanks again xxx
DecisionSuccessful
Assessor NameMark Tress
Assessor summary of operator case
The operator has issued a Parking Charge Notice due to the appellant not paying for the time that they were parked at the site on 13 August 2019.
Assessor summary of your case
The appellant states that the Parking Charge Notice to Keeper was not issued within the required timescale. They say that the operator has not demonstrated who was driving the vehicle. The appellant says that the operator lacks proprietary interest in the land and does not have the relevant contracts in place to issue and pursue Parking Charge Notices. They state that the signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.
Assessor supporting rational for decision
The appellant has not confirmed that they were the driver of the vehicle, so I will consider their liability as the registered keeper. In order to transfer liability of the Parking Charge Notice from the driver, the operator has to follow the process set out in Schedule 4 of the Protection of Freedoms Act (PoFA) 2012. The operator has provided copies of the Parking Charge Notice that it issued on 7 September 2019. The operator has stated that the Parking Charge Notices were not sent in line with PoFA. However, it has not identified the driver of the vehicle. The notices do not contain the information required by PoFA and were not sent within the required 15-day timescale. Therefore, I do not consider that the operator has transferred liability of the Parking Charge Notice to the appellant as keeper of the vehicle. I consider the Parking Charge Notice to be incorrect, so must allow this appeal. There have been further grounds for appeal raised, but I will not consider these as I have allowed the appeal for another reason.0 -
Well done , the golden ticket won due to the keeper not blabbing about who was driving , plus a well thought out Popla appeal aided by forumites , plus a well worded forum aided rebuttal that the assessor homed in on and passed for approval
A win on a technicality is a win , like Beckham when he got off a speeding ticket due to the NIP arriving one day late0 -
Yay, please post this in POPLA Decisions as well, and put a link to this thread and a line saying which parking firm you beat, for posterity and more views!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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