POPLA appeal - driver left vehicle

borokat

Hi hope someone can advise. 
Early Dec the driver parked in a pub car park. Pub was closed as we were in tier 3.
 Stupidly we did see the sign that said you must not exit the vehicle or risk a fine but didn't take it seriously. Driver left the vehicle briefly. 
We got a PCN mid December I appealed on 5/01/21 as the registered keeper not admitting who the driver was, I said there was no evidence of anyone leaving. the vehicle as stated. They have responded with a photo of a figure next to the car on the drivers side. Today is the deadline to do a POPLA appeal. 
I'm not really sure where to go from here! 

Fruitcake

Start by editing your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned.
The world does not need to know who was driving, or whether any of the occupants did or didn't leave site.

Please tell us the name of the PPC, the date of the alleged event, and the issue date of the NTK, then create a draft PoPLA appeal using all the template points available to you from the third post of the NEWBIES. Post it here for checking before you submit it.
PoPLA codes last 32 days, but do not miss the deadline.

Was the NTK PoFA compliant? If not, that will feature prominently in your appeal, as will, Not the Landowner, No standing to issue charges, and Inadequate signage, as well as any BPA CoP failures.
Please note that parking on private land when not using the onsite facilities is one of the reasons why these unregulated parking scammers exist.

I do not believe the signs say a motorist is not permitted to leave the car. A phot of someone stood next to a car proves that person was in the car park, not that they left it. Only video evidence will show that, which they are very unlikely to have.

borokat

It's Parking Control Solutions. I can't see any errors with the NTK. 
That's what I thought with the photos, seems like a ridiculous stipulation. 

Fruitcake

So are you saying the NTK arrived in time to hold a keeper liable, and has all the necessary wording required by the PoFA 2012 to hold a keeper liable?
Have you compared the NTK line by line with the PoFA to be absolutely sure?

Anyway, your priority is to construct a draft appeal and post it here so it can be checked before you submit it by day 32 at the absolute latest.

nosferatu1001

SHow us signs.
Why would they not want a driver to leave the vehicle
How will they PROVE the driver did?

Fruitcake

nosferatu1001 said:

SHow us signs.
Why would they not want a driver to leave the vehicle
How will they PROVE the driver did?

Just don't drive into the car park to get the photos!

borokat

The only potential I can see with the NTK is has a date issued and time issued but a period of time the vehicle was parked is not stated, the format is like this 

Date Issued: /01/01/01
Time issued: 25:33

Redx

Why don't you just post a redacted picture of both sides and let the experts here decide on POFA compliance

Umkomaas

Stupidly we did see the sign that said you must not exit the vehicle

'Must not exit the vehicle'?  Seriously?  I could understand 'Must not exit the site/premises', but 'vehicle'?  In a pub car park?

Please confirm before we charge down the wrong rabbit hole!

borokat

OK it actually says site not vehicle, sorry. I haven't been back as it's a 25 minute drive and we're in lockdown so I don't know exactly what is on the sign. 
Here are some photos of the PCN

maxxpayne

borokat said:

OK it actually says site not vehicle, sorry. I haven't been back as it's a 25 minute drive and we're in lockdown so I don't know exactly what is on the sign. 
Here are some photos of the PCN

Don't see any photos?