Wing Parking second stage

maxxpayne

Redx said:

So are you saying that there was a windscreen PCN and no follow up NTK PCN in the post to the keeper ?

If that is the case then add that failure to the Popla appeal as well

The more they fail on , the better

You will receive a response stating that wing are not contesting the popla appeal , they will have placed it on the too difficult pile

Indeed it was a windscreen PCN and I'm yet to receive any NTK. It's been more than 120+ days since the incidence. I suspect waiting 26 days then then appealing for stange 1 helped. I only received replies to the appeal susequently. No paperwork over post from Wing at any stage.

Redx

So add it in , like myself and coupon mad said , no NTK is a pofa fail , meaning a keeper has no liability

maxxpayne

Redx said:

So add it in , like myself and coupon mad said , no NTK is a pofa fail , meaning a keeper has no liability

It's the #1 point in my appel as linked above? E.g. 1. A compliant Notice to Keeper was never served - no Keeper Liability can apply.

Redx

So as coupon mad said , elaborate on it in the numbered explanation of point 1

What you posted were just the bullet points as an initial menu , you must explain them within the actual Popla appeal , in the same order , assume the assessor does not understand the bullet points

You do not want implied , you require it to be spelled out in detail , depending which version you use as 2 links were given

maxxpayne

Redx said:

So as coupon mad said , elaborate on it in the numbered explanation of point 1

What you posted were just the bullet points as an initial menu , you must explain them within the actual Popla appeal , in the same order , assume the assessor does not understand the bullet points

You do not want implied , you require it to be spelled out in detail , depending which version you use as 2 links were given

Apologies. I didn't mean to cause confusion. Indeed I will provide explanation for each in detail using appeals from previous victories as linked. The bullet points are just enoigh to fit the appeals summary box in POPLA appeals online.

Here's the elaboration on #1:

This operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter. If Schedule 4 mandatory documents are not served at all, or in time (or if the document omits any prescribed wording) then keeper liability simply does not apply.

The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if

(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;

*Conditions that must be met for purposes of paragraph 4:
6(1) ''The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further ‘If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.’

The NTK must have been delivered to the registered keeper’s address within the ‘relevant period’ which is highlighted as a total of 56 days beginning with the day after that on which any notice to driver was given. As this operator has evidently failed to serve a NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability. Clearly, I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly given.

nosferatu1001

I wouldn't add the modifier "compliant". I would just state no ntk served. It doesn't matter if it was compliant or not as it was never ever served. 

Redx

At no time have the regulars here recommended using the appeal box at Popla , the newbies thread does not say that at all

We have always recommended uploading the file as a pdf appeal , after choosing other

So which Popla advice are you reading ?

Coupon-mad

 The bullet points are just enough to fit the appeals summary box in POPLA appeals online.

So what?  You aren't using them, as nosferatu1001 Redx rightly says.  The POPLA advice tells you which choices to makes and how to submit a FULL POPLA apeal in one hit without answering their stupid questions.  Obviously you do have to add your name and address and stuff (not a phone number, use zeros).

Your appeal will win so I'd stop tweaking it and make sure your save it as a PDF and upload it under OTHER.  The website is odd and you have to confirm your uploaded file with a second click I seem to recall, so make sure it is in!

nosferatu1001

Redx, not me

maxxpayne

Quick update everyone... The appeal has been successful!

Dear XXX

Thank you for submitting your parking charge appeal to POPLA

 An appeal has been opened with the reference xxx. 

Wing Parking - EW have told us they do not wish to contest the appeal. This means that your appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

Massive thank you once again for your help, suggestions and time.