IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Parking Charge Notice - Do I have grounds to appeal or not? Please help.

Options
123578

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They 100% did not include hire docs just the penalty charge notice with two blurry pictures of the hirers vehicle. 
    Then as others have said... an easy win.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It was more - if they can show there was an extra step 80 might be ok
    What is always a winner at POPLA is that failing to supply hire docs with the NTH and only with the NTH, not at any point after, is a fail of POFA
    Did you directly reference POFA and te elements they failed at? POPLA are useless
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    It was more - if they can show there was an extra step 80 might be ok
    What is always a winner at POPLA is that failing to supply hire docs with the NTH and only with the NTH, not at any point after, is a fail of POFA
    Did you directly reference POFA and te elements they failed at? POPLA are useless
    Yes, I directly referenced POFA and I mentioned the fact that the PCN didn’t arrive until 80 days after and that they haven’t identified who the driver was or provided any proof/hire documentation. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 August 2020 at 5:38PM
    IceCool85 said:
    It was more - if they can show there was an extra step 80 might be ok
    What is always a winner at POPLA is that failing to supply hire docs with the NTH and only with the NTH, not at any point after, is a fail of POFA
    Did you directly reference POFA and te elements they failed at? POPLA are useless
    Yes, I directly referenced POFA and I mentioned the fact that the PCN didn’t arrive until 80 days after and that they haven’t identified who the driver was or provided any proof/hire documentation. 
    And surely you specifically pointed out to PoPLA that the PPC failed to send the hire documentation to you with the Notice to Hirer? That is is a POFA failure too - the most significant failure.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 18 August 2020 at 5:51PM
    more likely to have been a PARKING charge notice, not a PENALTY , they dont issue PENALTY charge notices

    if there were no included hire docs, its a POFA fail, not something they can use a DeLorean on to rectify their error , when you turn up for a flight with no ticket and its already departed, its a fail
  • Umkomaas
    Umkomaas Posts: 43,363 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    IceCool85 said:
    80 days to get to the hirer is not necessarily a fail. 
    14 days to the lease company
    28 days for them to respond
    21 days to hire company
    28 days for them to respond
    Thats more than 80 days before it even gets to the actual hirer. 
    The ONLY key bit is the lack of hire docs. Thats the only useful appeal. 

    All that will probably happen now is they get the hire docs somehow off the hire company as evidence
    That will be a first on this forum!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    IceCool85 said:
    80 days to get to the hirer is not necessarily a fail. 
    14 days to the lease company
    28 days for them to respond
    21 days to hire company
    28 days for them to respond
    Thats more than 80 days before it even gets to the actual hirer. 
    The ONLY key bit is the lack of hire docs. Thats the only useful appeal. 

    All that will probably happen now is they get the hire docs somehow off the hire company as evidence
    That will be a first on this forum!
    Haha well at least that’s something! Makes me feel better if that’s pretty much unheard of on this forum :)
  • Umkomaas
    Umkomaas Posts: 43,363 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    IceCool85 said:
    Umkomaas said:
    IceCool85 said:
    80 days to get to the hirer is not necessarily a fail. 
    14 days to the lease company
    28 days for them to respond
    21 days to hire company
    28 days for them to respond
    Thats more than 80 days before it even gets to the actual hirer. 
    The ONLY key bit is the lack of hire docs. Thats the only useful appeal. 

    All that will probably happen now is they get the hire docs somehow off the hire company as evidence
    That will be a first on this forum!
    Haha well at least that’s something! Makes me feel better if that’s pretty much unheard of on this forum :)
    That's about it. But we never say never. 

    Never underestimate a predator! 😆
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • IceCool85
    IceCool85 Posts: 37 Forumite
    10 Posts Name Dropper
    Redx said:
    more likely to have been a PARKING charge notice, not a PENALTY , they dont issue PENALTY charge notices

    if there were no included hire docs, its a POFA fail, not something they can use a DeLorean on to rectify their error , when you turn up for a flight with no ticket and its already departed, its a fail
    I have today received an email from POPLA with evidence submitted from ParkingEye, looks like they have sent about 5 parking charge notices in total, initial ones look like they were sent quite late but sent to the hire van company a few times and then the agency the hirer was working for at the time, looks like they all also appealed the decisions. I now have an opportunity to submit comments to their evidence, still no hire documents whatsoever but it does state that the notices weren’t issued under POFA? Please can you advise how I should now proceed further? Thank you in advance :)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 25 August 2020 at 8:09PM
    you only have 2000 characters for a popla rebuttal, so find all their errors and rebut them in concise paragraphs

    no evidence of who was driving
    no hire documents included so a POFA fail
    timescales if they are a POFA fail

    etc
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.