Can the RK still name the driver after a lost POPLA appeal?

Coupon-mad

Definitely.  The first lay rep case I ever did was like that.  UKCPM had refused to let a chap name his wife as driver, then they sued him.  

The Judge wasn't at all happy with that and tore their young legal rep girlie a new one.  I felt sorry for her.  And the chap I was assisting would have been awarded £1500 (ALL HIS WASTED COSTS) had he filed & served his costs assessment a bit earlier.

nosferatu1001

Yep, it gives you an excellent counterclaim. As well

dpa
harassment 

Beano456

Hopefully this works, I’ve attached below the bumf sent & received from the RK’s appeal, including the popla decision formatted.

Beano456

Just a quick question for now if you don’t mind.

When I name the driver I will be helping the driver throughout the process. Although the driver resides at a different address to me (the RK), can I use my address as a current address for service for the driver, or does it have to be the address that the driver resides?

It’s not a problem giving drivers address but I’m just thinking that as I will be the one helping the driver it will be easier and to make sure no letters are misplaced or deadlines missed if any notices / letters addressed to the driver are sent to my address.

D_P_Dance

The appellant has stated that a ticket was not issued from the machine. I am satisfied that this means the payment did not go through correctly and the driver could have left the site. (Popla assessor)

But why should he/she, especially if he/she wants to do the weekly shop, or buy a sofa. 

Beano456

D_P_Dance said:

The appellant has stated that a ticket was not issued from the machine. I am satisfied that this means the payment did not go through correctly and the driver could have left the site. (Popla assessor)

But why should he/she, especially if he/she wants to do the weekly shop, or buy a sofa. 

Exactly, and quite a large heavy amount of decorating supplies purchased (receipt retained). And given the comments on their website: Our appeals and cancellation policies ensure that genuine customers are never penalised.)

Beano456

An update on this. I provided both the name of the driver and a current address for service for the driver. As I suspected they got back to me with the below.

Thank you for getting in touch with Carflow in relation to the above referenced Parking Charge.

In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (paragraph 9.2.f), if the parking charge has not been paid in full after 29 days from the date of issue and we do not know both the name and address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act. The requirements for keeper liability in Schedule 4 of the Protection of Freedoms Act 2012 have now been satisfied because the parking charge has not been paid in full and we do not know both the name and address for service of the driver. As a result, we are required to inform you that in accordance with Schedule 4 of the Act, Carflow now has the right to recover any unpaid part of the parking charge from the registered keeper of the vehicle.

This parking charge remains outstanding. As previously stated:

"Following POPLA’s refusal of this appeal (the details of which can be found below), the parking charge amount of £100 remains outstanding. This parking charge must be paid within 28 days of POPLA’s refusal of your appeal (i.e. by 13-Jan-21). If payment is delayed beyond 13-Jan-21 an administrative charge may be added for late payment and debt recovery or court action may be taken. Additional costs may also be incurred as a result of debt recovery or court action."

 I came across this post which seems to sum it up quite nicely.  It's a few years old but I guess the info is still relevant to this situation.

https://forums.moneysavingexpert.com/discussion/comment/65287197/#Comment_65287197

Redx

agreed, plus backed up by the link coupon mad gave back on page 1 in her initial reply , providing that you have given the name and a serviceable address for the driver, as keeper , before any court claim has been issued

Carflow can think whatever they like , its getting a judge to agree with them that is their hurdle to jump, they need to put their money where their mouth is and test their theory in court

POFA has not been altered , changed or revoked in over 8 years , so that 6 year old post is still valid

feel free to tell tem so, if you wish

BrownTrout

Caflow seem to thinks they are the dogs !!!!!! when it comes to POFA. They need schooling.

Umkomaas

BrownTrout said:

Caflow seem to thinks they are the dogs !!!!!! when it comes to POFA. They need schooling.

Get Steve Clark of the BPA to educate them!

steve.c@britishparking.co.uk