ParkingEye Golden Ticket POPLA appeal, help.

Leafball

Hi everyone, 
Im currently at the Popla stage appeal with ParkingEye and luckily I've got a golden ticket! After scrolling through all the threads on here ive created my appeal. It was my understanding that as ive a golden ticket, that my appeal doesnt need to be 4000 words long? Anyways i was hoping someone would be able to give my appeal a quick check over to make sure ive missed nothing. Thank you  

Fruitcake

First of all, if you don't get rifd of the split infinitive  beginning, !, the registered keeper ..." you will get a wire brushing from Coupon-mad.

Secondly, the applicable parts of the PoFA 2012 are Sch 4, Paragraph 9 (2) (f), 9 (4) as well as 9 (5) but I don't think you have mentioned it.

Whilst you should win on no keeper liability, I would normally expect a PoPLA appeal to include, No Standing to issue charges in their own name, and the long Inadequate Signage point from the third post of the NEWBIES.

nosferatu1001

Why not put them to the extra work, and also not run the risk of POPLA screwing up - again - and refusing your appeal on your one ground?
foolish to only take one bullet to a battle

Leafball

Okay so i should strike out the “the registered keeper of the above named vehicle section”? 

Paragraph 9(2) just states what the notice must contain doesnt it? I cant find anything in (2) that specifies the time it must arrive within?

Fair point about the lack of appeal points, ill add in signage and no right to issue charges in their own name now. 

Thanks for the quick replies.

nosferatu1001

Strike it or word it so it makes sense grammatically
92f states the warning they msut give. On a golden ticket PE do not include that warning, because they know it would be misleading to do so. So you of course state that warning is not there.
A golden ticket does not transfer liabilty to a keeper for multiple reasons, not just the timescale. 

Leafball

Ah okay brilliant, thanks very much ill get sorting those points out now 

nosferatu1001

Think of it this way - due to it being over 14 ays, they dont include the re;levant text (as to do soi is misleading0 
so you point out to POPLA it fails in these distinct ways. the more the better

Fruitcake

Leafball said:

Okay so i should strike out the “the registered keeper of the above named vehicle section”? 

Paragraph 9(2) just states what the notice must contain doesnt it? I cant find anything in (2) that specifies the time it must arrive within?

Fair point about the lack of appeal points, ill add in signage and no right to issue charges in their own name now. 

Thanks for the quick replies.

You still need to tell them you are the keeper. "I am the registered keeper and I contend that ... " will suffice. 

As already advised, certain wording of the NTK is mandatory in order to comply with the PoFA 2012. We had trouble last year with a bunch of PoPLA assessors and even senior assessors who couldn't use a calendar or count to fourteen.
It's not worth the risk of getting a rejection from a work experience assessor when all you need to do is add a few more lines.

It may seem pedantic, but if it were to get to court (which is unlikely as long as the driver's identity is never revealed) then correct use of the English language and terminology is essential.

None of this is a criticism. The fact that you have done your research and determined that the NTK is not PoFA compliant is commendable, and I wish we had more posters like you.

Leafball

Fruitcake said:

It may seem pedantic, but if it were to get to court (which is unlikely as long as the driver's identity is never revealed) then correct use of the English language and terminology is essential.

None of this is a criticism. The fact that you have done your research and determined that the NTK is not PoFA compliant is commendable, and I wish we had more posters like you.

    No I completely understand, the help is massively appreciated  thank you, id hate to slip up on something that should be an easy win aha. Especially as I've got multiple appeals lodged with parking eye currently “all golden tickets”! So doing this right once should mean ive a template for all of them. 

Could you possibly point me towards threads regarding their lack of standing to issue charges in their own name, struggling to find any is all.

Le_Kirk

Leafball said:

Fruitcake said:

It may seem pedantic, but if it were to get to court (which is unlikely as long as the driver's identity is never revealed) then correct use of the English language and terminology is essential.
None of this is a criticism. The fact that you have done your research and determined that the NTK is not PoFA compliant is commendable, and I wish we had more posters like you.

    No I completely understand, the help is massively appreciated  thank you, id hate to slip up on something that should be an easy win aha. Especially as I've got multiple appeals lodged with parking eye currently “all golden tickets”! So doing this right once should mean ive a template for all of them. 

Could you possibly point me towards threads regarding their lack of standing to issue charges in their own name, struggling to find any is all.

There is a huge section in the NEWBIE sticky concerning POPLA, it is the third post here: -
https://forums.moneysavingexpert.com/discussion/comment/64350600#Comment_64350600

Umkomaas

Just confirm please that none of the NtKs has a paragraph on the reverse side headed 'Protection of Freedoms Act 2012 (Schedule 4)'. It's omission is a sure-fire way of knowing that PE know they have no chance of making keeper liability stick. 

You do know that POPLA has gone into 'suspended animation' because of COVID lockdown/furlough' and getting a decision on your case(s) will likely take some weeks, even months?