Euro car parks - Notice to Keeper

captainzorro

The mistake I made is about stating their entire communication is not compliant - to which they responded that they had sent the PCN to Hyundai first, got my details and then sent to me. This was however done in the form of keeper instead of notice to hirer and they didn't attach all documents at that point.

If you can help me steer how I should now comment, I would really appreciate... I am just hoping I don't have to pay the full fine of £85.

KeithP

One thing is certain - you don't have to pay the £85.

Oh, and another thing is certain - it is not a fine.


Sadly it look like you might well lose your PoPLA appeal but that does not mean you have to pay.

Coupon-mad

Obviously you only appealed ONCE to POPLA, you only get one appeal at that stage but you were NOT told to appeal on one point only. I told you what to do:

Coupon-mad wrote: »

You simply copy a LONG POPLA appeal, dealing with a Notice to Hirer situation.

Search for the forum for POPLA hirer and change the default to show POSTS.

That would have shown you how to appeal to POPLA, that was why I posted it.

No-one pays ECP. Where on earth did you read that that was an option on here?

captainzorro

Coupon-mad wrote: »

Obviously you only appealed ONCE to POPLA, you only get one appeal at that stage but you were NOT told to appeal on one point only. I told you what to do:
That would have shown you how to appeal to POPLA, that was why I posted it.

No-one pays ECP. Where on earth did you read that that was an option on here?

I made a mistake in not copying the correct template. Should I now just add comments to POPLA about them not sending correct notice to hirer ? Sorry, I am novice in this and not really grasped all aspects which is why I am asking .. thanks for your help.

Fruitcake

Why did you refer to Parking Eye in your PoPLA appeal?

captainzorro

Fruitcake wrote: »

Why did you refer to Parking Eye in your PoPLA appeal?

I wrote that by mistake on this forum. When I appealed, I wrote ECP

captainzorro

captainzorro wrote: »

I made a mistake in not copying the correct template. Should I now just add comments to POPLA about them not sending correct notice to hirer ? Sorry, I am novice in this and not really grasped all aspects which is why I am asking .. thanks for your help.

hi Coupon-Mad

I have until tomorrow to respond. is there anything I need to add in my comments to POPLA apart from what I am intending to include?

Fruitcake

As already advised, go through each point one by one. If they have failed to address any points you say they must therefore agree with them and so the appeal must be allowed.

Where they have failed to comply with the PoFA you just say so.
… this fails the PoFA Sch 4 para N sub para N.N

You have 2000 characters and six days to respond, (you lose the day they send the rebuttal) so no waffling and don't hang about.

Be concise. If points have been numbered, refer to them by that number to save characters.

captainzorro

Fruitcake wrote: »

As already advised, go through each point one by one. If they have failed to address any points you say they must therefore agree with them and so the appeal must be allowed.

Where they have failed to comply with the PoFA you just say so.
… this fails the PoFA Sch 4 para N sub para N.N

You have 2000 characters and six days to respond, (you lose the day they send the rebuttal) so no waffling and don't hang about.

Be concise. If points have been numbered, refer to them by that number to save characters.

Thanks -- the below is what I am planning to send - any chance you can have a quick look and advise pls?

Non-compliant Notice to Hirer
POPLA will see that a PCN and a reminder was sent to the hire company, however, the operator has failed to provide any evidence of the hire agreement or statement of liability.
POPLA will be unable to determine that the operator has complied with the requirements set out in paragraph 13 of PoFA 2012, making the appellant hirer/lessee liable for the charge.
Section 14(2)(a) requires the documents named above to be sent together with a notice to hirer, thus POPLA would expect the operator to demonstrate that it has provided the relevant documents to the hirer (which it did not).
On this basis, POPLA therefore cannot consider the PCN to have been issued correctly and must allow this appeal.

Insufficient / unclear Signage

Signage to the site is not illuminated and due to its placement, time of day and month that these historic contraventions are alleged to have taken place where parking enforcement was being applied would have made it impossible to read from a seated position in the vehicle as it enters/exits the car park whilst driving with due care and attention to oncoming vehicles and potential pedestrians nor when leaving and returning to the vehicle.

I strongly argue therefore on the precending points that there is no legal basis for any charge in these circumstances as documented in the IPC Code Of Practice.

I have also been to check the car park recently but only to find out that the other entrance has been closed !

Landowner authority
Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]