Initial Parking notice of payment

igotaprivateparkinginvoice

Hi. I received a parking notice from Initial Parking relating to an alleged breach over a month ago. I went through the appeal process straight away before reading any of this forum. You guessed it..... they rejected my appeal. They are now saying I have to appeal to POPLA. It was a hire car but it appears the hire company provided our details and the notice came straight to us. It was not paid on our behalf.

Have I messed up my chance of appealing this notice because I didn't do what you recommend first? 

Any help would be hugely appreciated! 

Coupon-mad

Yes, you mucked up your slam dunk 100% POPLA win if you said you parked/ were the driver.  You can't use the POFA winning arguments now.

But you know from the 3rd post of the NEWBIES thread that there are other POPLA arguments.  Please re-read the third post there.

We assume Fistral Beach car park. What happened?

igotaprivateparkinginvoice

I didn't say to them that I was the driver or that I parked. I just contested it saying that we had paid for parking using the Just Pay app. 

It was Fistral - in my appeal I highlighted how busy it is getting in and out of the carpark with all the cars and foot traffic in your way... 

KeithP

If the PPC don't know who was driving then you stand a very good chance of wining this at PoPLA.

Paragraphs 13 and 14 of POFA are relevant.

igotaprivateparkinginvoice

Thank you @KeithP

At first glance, all the legal jargon contained in paragraphs 13 and 14 is pretty confusing! I'm not 100% sure how I use this information in my case.

Is the best course of action to give up on a direct appeal with Initial Parking and just start an appeal with POPLA?

Also, I read on the NEWBIES page that you should contact your hirer and tell them you're appealing so they don't pay on your behalf. In this case, because they've passed contact details on to Initial Parking already, do I not need to bother with this anymore?

Le_Kirk

Did you receive a Notice to Hirer in your name and did you use that to appeal?  If you did and you received a POPLA code, that is your course of action.  Refer to the NEWBIE sticky third post.

igotaprivateparkinginvoice

@Le_Kirk it was a notice to hirer but not in my name. I got a code in the rejection letter for my appeal but I actually can't remember what category i selected when I submitted the appeal on their website. I've just tried to go back and look but can't see any details of my appeal anywhere.

KeithP

igotaprivateparkinginvoice said:

Thank you @KeithP

At first glance, all the legal jargon contained in paragraphs 13 and 14 is pretty confusing! I'm not 100% sure how I use this information in my case.

Then keep reading it.

Para 14 (1) and (2) says that the parking company must send the hirer copies of specific documents.

POFA has been around since 2012 but still the parking companies seem unable to comply with that.

That in turn means that POFA cannot be used to transfer any driver's liability to the hirer.

If all Initial know is the name of the hirer, then keep it that way.

igotaprivateparkinginvoice

@KeithP
The only information Initial knows is the name of the hirer. They do not know who was driving the car. They sent a 'Notice to hirer' in the post asking for money and did not send any other accompanying documents and it is now outside of the 28 days.

Does this mean that I should appeal to POPLA based solely on the above?

Thank you! This has been really helpful.

Le_Kirk

igotaprivateparkinginvoice said:

@KeithP
The only information Initial knows is the name of the hirer. They do not know who was driving the car. They sent a 'Notice to hirer' in the post asking for money and did not send any other accompanying documents and it is now outside of the 28 days.

Does this mean that I should appeal to POPLA based solely on the above?

Thank you! This has been really helpful.

But to who was the NTH addressed - I don't mean to give the actual name, but something like "my husband" or "some random person"?  Why did you appeal it if it wasn't in your name?

igotaprivateparkinginvoice

@Le_Kirk

My partner. I'm assisting them by doing the background research for how to appeal. The appeal isn't in my name. Sorry for the confusion. 

The appeal will be in the persons name that the 'Notice to hirer' was sent to.