Initial Parking notice of payment

Coupon-mad

Most hire firms refund or cancel the admin fee when you show them the PCN was cancelled on appeal.  

D_P_Dance

If they quibble complain to Trading Standards.

igotaprivateparkinginvoice

So frustrating! I’ve had the POPLA appeal back today and it was unsuccessful. They have named a person as the driver who was 100% not the driver, and have decided they are satisfied that the person named is the driver. 

What do I do now?! 

D_P_Dance

Then complain to the Head adjudicatorn.  Have you comolained to your MP?  If not, now is the time to do so.    

igotaprivateparkinginvoice

I’m confused. I think there’s been a mistake in our result. The assessor ends his comments by saying: 

“Accordingly, I am allowing the appeal on this basis and there is no need to address any other issues raised by the appellant.”

Does that mean that our appeal was successful? 

D_P_Dance

Yes, it would seem so.

Le_Kirk

igotaprivateparkinginvoice said:

I’m confused. I think there’s been a mistake in our result. The assessor ends his comments by saying: 

“Accordingly, I am allowing the appeal on this basis and there is no need to address any other issues raised by the appellant.”

Does that mean that our appeal was successful? 

What does your letter from POPLA look like?  The result would be in the following format: -

Decision : Successful

Operator Name : 

Location : XXXX car park

Assessor summary of operator case

.

.

.

Accordingly, I am allowing the appeal on this basis and there is no need to address any other issues raised by the appellant.

igotaprivateparkinginvoice

This is what is says: 

The appellant has identified as the driver on the day of the parking event. As such, I am considering the matter of driver liability. In terms of POPLA appeals, the burden of proof lies with the operator to provide POPLA with clear, sufficient evidence to demonstrate that the Parking Charge Notice (PCN) has been issued correctly. Also, it is the operator’s responsibility to provide evidence to POPLA, which rebut the appellant’s claims. The appellant has raised a number of grounds that I will address separately or grouped together as appropriate. • No hirer/ keeper liability The original appeal was made by the hirer and a Notice to Hirer has been issued. After reviewing the evidence provided by both parties, I am not satisfied that the driver of the vehicle has been identified. Under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA 2012), it states that liability for unpaid parking charges can be transferred from the registered keeper to the registered hirer if “the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper”. The documents mentioned in Paragraph 13(2) are (a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) a copy of the hire agreement; and (c) a copy of a statement of liability signed by the hirer under that hire agreement), together with a copy of the Notice to Keeper. The Operator did not provide POPLA with copies of any of these documents, (a), (b) or (c). Accordingly, I am allowing the appeal on this basis and there is no need to address any other issues raised by the appellant.

igotaprivateparkinginvoice

To me, that looks like they’re agreeing with us. But the outcome says unsuccessful so I think there might be a mistake? I’ve contacted them, but I have no doubt it will take ages to get a response. 

Le_Kirk

I've seen it before where the assessor has copied a similar response and forgotten to change unsuccessful to successful!  The last two sentences of the response say to me that you are in the clear and have WON!