Initial Parking Fine

KeithP

This stuff is time critical in so many ways.

Before today's posts, there has been nothing from you for almost two weeks.

FrankCannon

The document posted by the OP is headed, "Notice to Driver". Is the PPC able to do that, or do they have to send an Notice to Hirer first ? Have they inferred that the OP is the driver from the car hire contract ?

Redx

Chances are that the hire company filled in the parts written by initial , where they were asked to name the driver

It's one of those grey areas due to no regulation , but no matter what a keeper submits , they rarely know who was driving unless the end user admits it, which they do not have to in law

It is usual to assume that the hirer was the driver , but that is assumption and not proof , so a hirer uses the Edna basher templates for good reason , plus does not reveal who was driving

Initial could say that the recipient was named as prime minister , doesn't make the statement true

nosferatu1001

FrankCannon said:

The document posted by the OP is headed, "Notice to Driver". Is the PPC able to do that, or do they have to send an Notice to Hirer first ? Have they inferred that the OP is the driver from the car hire contract ?

It matters not what they call it
The hire company is utterly incapable of nominating a driver. They are not a witness. They were not there. 

Coupon-mad

I pointed the OP to use Edna Basher's appeal.  Did you even read it? 

This has nothing to do with 14 days.  I told you 'none of that matters'!

Aaarrgh...just read the hire/company car appeal template in the NEWBIES thread, no idea why you'd ask on what basis you are appealing unless you didn't actually go and read that template appeal you were signposted to use.  None of the subsequent questions and answers were needed, everyone has been so patient.  But it's already in Edna Basher's appeal words.

Hope you've submitted it now.

JTL1992

Thank you to everyone who helped with this. I have escaped without a fine on this occasion. Here is the POPLA response.

I am satisfied that the appellant is the driver and as such, will be considering their liability for the PCN. The signage at the site states: “Parking Tariffs Apply…1 hour £2.20 2 hours £3.80… Failure to comply with the terms and conditions may result in a Parking Charge of £100…”. I acknowledge the reason the operator has issued the PCN. The burden of proof lies with the operator to demonstrate that it has issued the PCN correctly. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeper’s address. I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.

Redx

What we thought all along , except the opening sentence isn't correct , they failed to edit the template correctly , because they say that you were the driver , then contradict themselves later on and uphold your appeal

But a win is a win , which also explains the unknown driver scenario

nosferatu1001

Indeed, a win is a win. 

Le_Kirk

JTL1992 said:

I am satisfied that the appellant is the driver
After considering the evidence, I am unable to confirm that the appellant is in fact the driver. 

Don't you just love those POPLA assessors!  A good outcome all the same.

Umkomaas

Le_Kirk said:

JTL1992 said:

I am satisfied that the appellant is the driver
After considering the evidence, I am unable to confirm that the appellant is in fact the driver. 

Don't you just love those POPLA assessors!  A good outcome all the same.

Template overload, poor souls!