POPLA Appeal Motability lease car Edna Basher Help

andy224455

I have a Motability lease car. This is a 3 year lease agreement with Motability.

A PCN invoice was received for an alleged parking contravention from PPC around September.

Motability lease cars are registered to the lease policy holder on the DVLA database. So the NTK/NTH came directly to my address under the lease policy holder’s name.

I appealed against this PCN invoice using the PPC’s internal appeals process. This appeal was on the basis that the car is a lease vehicle and that the PPC had not provided me with the additional hire-agreement documentation with the PCN invoice, in order to comply with the POFA act 2012 (edna basher appeal). The appeal refused.

I was then given a code in order to appeal to POPLA. The same argument in my POPLA appeal was used – car is a lease vehicle and additional hire-agreement documentation had not been provided, therefore the Notice to Hirer is invalid.

The PPC has countered my claim on my POPLA appeal stating that the NTK was issued correctly to the registered keeper of the car according to the DVLA.

Mobtability lease cars are registered with the DVLA under the policy holder’s name, however, Motability keeps the log book and they own the car.

I am unsure on how to go about and counter the PPC’s argument.

I have until 14/01/19 to reply on the POLPA appeals website.

Any help is appreciated. Thanks.

Umkomaas

I am unsure on how to go about and counter the PPC’s argument.

You can't. The PPC is correct, you are the registered keeper, PoFA has nothing to do with the owner of the vehicle.

Which PPC?

The_Deep

Are you disabled, if so read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics#

[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]

Coupon-mad

I have until 14/01/19 to reply on the POLPA appeals website.

You don't. You have SIX days, until 13th I bet.

Day one was the day POPLA emailed you, you cannot count ON seven days.

Which PPC? Did you use 'no landowner authority' & 'unclear signs' in the appeal?

andy224455

The PPC is Park Watch (defence Systems ltd)

I used the no land owner authority argument and unclear signage in my appeal.

The actual CCTV image of the car itself shown on the NTK did not have a time-stamp or date. The time-stamp and date was written on the letter head of the NTK. I mentioned that this is against the BPA code of practice,

Any chance I could win this appeal.

Fruitcake

andy224455 wrote: »

The PPC is Park Watch (defence Systems ltd)

I used the no land owner authority argument and unclear signage in my appeal.

The actual CCTV image of the car itself shown on the NTK did not have a time-stamp. The time-stamp was written on the letter head of the NTK. I mentioned that this is against the BPA code of practice,

Any chance I could win this appeal.

Nobody can predict what PoPLA will do. We have recently seen a batch of failed appeals because the PoPLA assessors can't count to 14 or don't understand the difference between sent and received.

Rebut each point. If they have failed to address any of your points then say so and state they must therefore agree on that point so the appeal must be allowed.

In addition, complain to the BPA about the CoP breach which of course should be mentioned in your rebuttal.

You only have 2000 characters and you need to do this today.

andy224455

Thank you for the replies.



I currently writing up a refutation to the PPC's comments on the POPLA appeals process.


The PPC has shown a "Land Owner Agreement" which is a very illegibly scanned. I am assuming it was scanned like this on purpose so both POPLA and the PPC's victim have difficulty deciphering the document. However, I can just about make out the terms.



Are there any common refutable comments that could be used against such "Land Owner Agreement"?


One contractual term I could just about make out on this "Land Owner Agreement" is that the PPC will abide under BPA protocols. It seems the PPC have gone against the BPA protocols in my case, so I believe the issuance of this PCN invoice is invalid - as CCTV image is not dated and has no time-stamp.


Are there any arguments that I could make for unclear signs?


Thanks

Coupon-mad

Even if you lose at POPLA, no-one PAYS!

Search the forum for POPLA lost and you will see!

And ParkWatch has just 5 hearings in 2019 out of some 40,000 DVLA data requests, so a claim from them is pretty rare (and a ever, easy to defend).

andy224455

Coupon-mad wrote: »

Even if you lose at POPLA, no-one PAYS!

Search the forum for POPLA lost and you will see!

And ParkWatch has just 5 hearings in 2019 out of some 40,000 DVLA data requests, so a claim from them is pretty rare (and a ever, easy to defend).

Thanks. I have zero intention whatsoever of paying these racketeering rodents anything.

Redx

Read recent popla rebuttals over the last 12 months and use them to construct yours

You are rebutting their evidence pack not making arguments

Simple concise bullet point rebuttals , including the landowner authority issues , poor pictures or scans , poor signage etc

You are not arguing your case , you did that in your popla appeal , you are rebutting their case, in less than 2000 characters

Fruitcake

Show us the contract if you have time. Upload it to a web hosting site then post the URL here, but change https to hxxps. Someone here will change it back to a live link.

The things to look for are, who is the contract between. Is it between the landowner and scammers or an agent of the landowner and scammers. IF the latter then there must be another contract showing the agent has the authority to act for the landowner.
Check the dates when the contract was signed, how long it runs for, and if it auto renews.
In addition, there should be two signatures from each party, or a director and witness from each party.

Have you established who the landowner is?