Premier parking response to POPLA appeal

guestiee

Hi,

I am the owner of a lease car that has received a PCN from Premier Parking. I have written an appeal on Popla and Premier Parking have just submitted their response. I based my letter upon templates on here, but the strongest point is not all documents were supplied to me as stipulated in POFA.

Premier Parking have responded to all issues, but not mentioned or evidenced a response to this section of my letter:

1. The Operator failed to deliver a Notice to Hirer that was fully compliant with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 ('POFA')

In order to rely upon POFA to claim unpaid parking charges from a vehicle's hirer, an operator must deliver a Notice to Hirer in full compliance with POFA's strict requirements. In this instance, the Operator's Notice to Hirer did not comply.

The relevant provisions concerning hire vehicles are set out in Paragraphs 13 and 14 of Schedule 4 of POFA with the conditions that the Creditor must meet in order to be able to hold the hirer liable for the charge being set out in Paragraph 14.

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), together with a copy of the Notice to Keeper.

The Operator did not provide me with copies of any of these documents, (a), (b) or (c).

I know this was my best grounds for appeal. Can anyone be really kind and suggest a response for me please? I can provide more info if required.

Thanks in advance.

guestiee

Would something like this suffice:

It has been noted that Premier Parking has ignored to fully respond to bullet point 1 of my appeal. Specifically the below.
1. The Operator failed to deliver a Notice to Hirer that was fully compliant with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 ('POFA')

In order to rely upon POFA to claim unpaid parking charges from a vehicle's hirer, an operator must deliver a Notice to Hirer in full compliance with POFA's strict requirements. In this instance, the Operator's Notice to Hirer did not comply.

The relevant provisions concerning hire vehicles are set out in Paragraphs 13 and 14 of Schedule 4 of POFA with the conditions that the Creditor must meet in order to be able to hold the hirer liable for the charge being set out in Paragraph 14.

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), together with a copy of the Notice to Keeper.

The Operator did not provide me with copies of any of these documents, (a), (b) or (c).

As Premier Parking did not adhere to POFA paragraph 13(2) by provided the documents in paragraph 14 (2) they have not complied with the law and therefore proves my appeal is successful.

Le_Kirk

Did you read the NEWBIE sticky post # 3 and in particular this bit: -

How can I comment on the evidence sent to POPLA, they've written a lot and shown lots of pictures of signs?!

Look through the evidence and find things to rebut - such as the signage being unclear, illegible, sparse/nothing to show how close the car was to a sign.

Or the witness statement/contract being heavily redacted, out of date, not signed by the landowner, or even just that it shows no expiry date (POPLA seem to like that).

Your comments are to rebut the operator's case, blow by blow.

Do not re-write your appeal or call it 'an appeal' or POPLA will not read it.

Examples of evidence 'comments' here:

https://forums.moneysavingexpert.com/discussion/comment/69778312#Comment_69778312

https://forums.moneysavingexpert.com/discussion/comment/69835948#Comment_69835948


What will likely happen in the end, re my POPLA appeal?

Read the 'POPLA Decisions' sticky thread now; read it from the LAST post backwards, for recent wins. POPLA and the importance of rebutting the evidence in a final email to POPLA, is discussed here in the second half of this post:

https://forums.moneysavingexpert.com/discussion/comment/68548048#Comment_68548048

Do you have to pay of you lose at POPLA? No!!

showing you how to rebut the PPC response to your appeal. Note that you should not rewrite your appeal. Your rebuttal is simply that Premier Parking have not answered the point(s) you made therefore you assume the POPLA assessor will find for you, the appellant.

guestiee

Thank you....as the main rebuttal is that they have not mentioned or evidenced the documents that they should have sent....would you say something like this would suffice?

It has been noted that in the operator's response they have neglected to mention or supply evidence to counter my appeal that they did send me, the leasee, the additional required documents that are required to be sent out with the notice to hirer.

This requirement is specified in Paragraph 14 (2) (a) of the POFA 2012 and the documents that the operator neglected to send with the Notice to Hirer are specified in Paragraph 13(2).

As the operator, Premier Parking, did not fully comply with the Protection of Freedoms Act 2012 by not including the required documents with the Notice to Hirer and also have no evidence to the contrary in their response to my appeal, I assume that the POPLA assessor will find for me, the appellant.

How's that? Really grateful for any help!

KeithP

Whatever you say guestiee, you need to say it quickly.

You have just seven days, really only six, to respond.

Coupon-mad

As the operator, Premier Parking,

No they are not. Please can we not have them called that yet again?

guestiee

Coupon-mad wrote: »

No they are not. Please can we not have them called that yet again?

Sorry, what have i done wrong here?

Edit: 'Premier Park'?

Coupon-mad

Yes you would not believe how regularly people call them the wrong name and it grates with pedants like me - it is ALL about the detail when doing a POPLA appeal or defence!

I just have no idea how people keep putting the wrong company name for that awful PPC, which can muddle the advice you get as there are about 3 firms with similar names.

Having said that, yes I would send that now as your comments as you actually only get SIX DAYS from the date POPLA tell you that you can comment.

guestiee

Thank you. It is all sent....fingers crossed. I did adapt it a little but hopefully it will win