Unfair PCN at Morrisons - POPLA Stage Help

Coupon-mad

The only thing I would change is near the start, isn't yours a NTH and not a Notice to Keeper?

Elpscat

Coupon-mad said:

The only thing I would change is near the start, isn't yours a NTH and not a Notice to Keeper?

Ahh yes must’ve slipped that one in. Was altering a previous template of mine. Good spot thanks! Will definitely proof read thoroughly before submitting.  

Elpscat

ECP replied with https://imgur.com/a/AtqW9Lj

They didn’t rebuttal the point about non POFA compliance of the NTH. They say that they can still chase the registered keeper. Nothing mentioning point 1 of my original appeal. I guess I should go ham on this right?

They only made points about the NTK being POFA compliant 

I'd make a point about the signage pictures submitted by Euro car parks does not prove that their signage is adequate. The signs are still not prominent, clear or legible from all parking spaces

 

Correct me if I’m wrong but I believe Euro car parks have no standing to form parking contracts in their own name. The signed agreement on page 20 and 21 shows that the signage cannot offer a contract and therefore cannot collect charges for breach of any terms and conditions

Coupon-mad

They didn’t rebuttal the point about non POFA compliance of the NTH. They say that they can still chase the registered keeper. Nothing mentioning point 1 of my original appeal. I guess I should go ham on this right?

Yep.

POPLA Assessors are not great so you will have to spell it out.  You are not the registered keeper, you are the named hirer and that notice had to be a compliant NTH with enclosures. There were none.

Read POPLA DECISIONS from the end backwards, until you find a decision about a failed NTH.  Then use POPLA's own words in that decision, copying the rationale verbatim, so it reads as if it's your words.

Lead POPLA along the right path.

Fruitcake

Have a look at paras 13 and 14 of the PoFA, determine which parts the PPC have failed on, quote them in the appeal and state that the PPC has failed to comply with the strict requirements to hold a hirer liable.

They will probably have failed to include a copy of the hire agreement, so it's omissions like that you need to highlight.

Elpscat

PoFA 2012 paragraph 13 states

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(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.

PoFA requires that when pursuing a parking charge from the hirer of a vehicle, an operator obtains from the keeper of the vehicle “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”, “a copy of the hire agreement” and “a copy of the statement of liability signed by the hirer under that hire agreement.” PoFA also requires that an operator issues a “notice to hirer” as well “a copy of the documents mentioned in paragraph 13 and the notice to keeper.” The operator has provided no evidence to show that the required documentation was obtained from the keeper or that it was sent to the hirer. As such, I conclude that the PCN has been issued incorrectly.

^taken from turgidstrop's post  from https://forums.moneysavingexpert.com/discussion/4488337/popla-decisions/p399

Should that be enough?

Thanks for the help Coupon-mad and Fruitcake

Coupon-mad

Yep, that'll do the trick.