Euro Car Parks Lease Car Not POFA Compliant? Won at POPLA

bluetoffee1878

Good afternoon all,
I'm helping a colleague with an invoice from operator named above. Just want to check to make sure that I see this off correctly as this will be my first time dealing with an issue with a lease vehicle.

Situation is:
ANPR overstay
NTH received (no other docs received though)

Colleague is checking when operator sent NTK to lease company and when lease company responded. Hopefully have that info tomorrow.

If my understanding of POFA is correct, operator has to send NTK to lease company within 14 days as per normal ANPR issue.

Operator then has to send NTH to hirer within 21 days after receiving appropriate docs from lease company.

As well as the NTH, operator must also send copies of the docs received from the lease company plus the original NTK.

Hopefully my understanding is correct, be great if any regulars could confirm.

Will be sending the standard appeal from the Newbie thread (unless advised otherwise) so I can get a POPLA code.

BTW, the NTH is shocking, lots of the requirements of POFA are missing. I'll post a copy once I get it redacted.

TIA

BT

Coupon-mad

Yes that is correct but the NTH doesn't have the same requirements as a NTK does in terms of wording.  It does, however, have to include the enclosures.

To see how to word a NTH POPLA appeal, read backwards from the END of the POPLA Decisions thread and skim read until you get to a NTH win and link to someone's thread.  They are there, earlier this year I recall a good one.

bluetoffee1878

CM, thanks for confirming.

To see how to word a NTH POPLA appeal, read backwards from the END of the POPLA Decisions thread and skim read until you get to a NTH win and link to someone's thread.  They are there, earlier this year I recall a good one.

Found a couple of perfect examples which will be very helpful if it gets to POPLA.

Looks like both NTK and NTH are out of time, plus the other required docs were not sent similar to the previously mentioned POPLA appeals you suggested I find.

Got the hirer to send the Edna Basher appeal from the Newbie thread today. Will keep you all posted.

Coupon-mad

Hello @bluetoffee1878, sorry I was replying to loads if cases as usual, and didn't realise this was you!

Did you see me and bargepole on Ch5's 'Parking Con?' Programme last week?  I wonder if @MSEMartin is proud, haha!

Hope you are still enjoying your footie. A pity your team didn't beat my team's rivals the other day!

bluetoffee1878

Hi @Coupon-mad Don't worry about it, I know how busy you get on here!

I did see you both on TV, I thought you both came across very well. Hopefully another nail in the coffin of these scammers.

Bargepole helped me a number of years ago with a court defence when I first got into all this. Back in the days of the Co-op/CEL/DEAL scam. I managed to get costs for the defendant after CEL bailed out at the last minute

I wouldn't go as far as to say 'enjoying' the footie, not been great the last few weeks but I'm ever the optimist.

Anyway, thanks again, and I'll keep this thread updated as things progress.

D_P_Dance

ANPR is not always accurate, read this.

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Have you coplained to your MP?

bluetoffee1878

To keep the thread updated.

Initial appeal was rejected (of course) so sent in POPLA appeal. Plagiarised a really good one from earlier last year on the POPLA thread.

POPLA site was having tech issues so had to appeal via email after speaking to a nice boy called Greg at POPLA

Just got the 'evidence' pack from ECP what a disgrace. Had some fun knocking a rebuttal together

Interesting point, one of the docs in their pack is the personally identifiable information from another PCN but the same lease company. I therefore have a totally random persons name address and VRN.

This worth an email to the ICO??

Redx

bluetoffee1878 said:

To keep the thread updated.

Initial appeal was rejected (of course) so sent in POPLA appeal. Plagiarised a really good one from earlier last year on the POPLA thread.

POPLA site was having tech issues so had to appeal via email after speaking to a nice boy called Greg at POPLA

Just got the 'evidence' pack from ECP what a disgrace. Had some fun knocking a rebuttal together

Interesting point, one of the docs in their pack is the personally identifiable information from another PCN but the same lease company. I therefore have a totally random persons name address and VRN.

This worth an email to the ICO??

Yes of course , these companies need to learn lessons and pay the Penalty for data breaches , especially as regulations are soon to come in this summer

Coupon-mad

Yes.  Try everything.

Did you see the news and bargepole's thread yesterday, @bluetoffee1878? I can state that everything in my power by way of true and relevant evidence was used to help shape and get the new Code to where it's at.

Do the same for your battle. 

bluetoffee1878

Coupon-mad said:

Yes.  Try everything.

Will do, I'll get on today and keep this thread updated.

Did you see the news and bargepole's thread yesterday, @bluetoffee1878? I can state that everything in my power by way of true and relevant evidence was used to help shape and get the new Code to where it's at.

Do the same for your battle. 

I spent some time reading through bargepole's thread, brilliant news. I remember filling out the consultation that you had emailed out a little while back.

Interestingly, when going through ECP's 'evidence', I noticed this:


So ECP can only chase the driver, not the RK/Hirer/Keeper.

I have the full Morrisons ECP agreement if it's any help to anybody.

Umkomaas

I spent some time reading through bargepole's thread, brilliant news. I remember filling out the consultation that you had emailed out a little while back.

I believe that the DLUHC read every consultation response, so your contribution will definitely have counted. They seemed to have been quite fastidious as they picked out a number of PPC responses purporting to be from motorists. They were also very wise to the copy and paste responses (including the idiotic spelling errors) PPC goons blindly trotted out in the first consultation. 

I had my doubts that the DLUHC would get this right, but they have, and it's very good.  The impositions on PPCs will mean that the real scammers (think WW, PdG, Dodgy Doug and the like) are going to struggle even understanding it, let alone implementing the requirements. They can't survive for long. 

Interestingly, when going through ECP's 'evidence', I noticed this:


So ECP can only chase the driver, not the RK/Hirer/Keeper.

That is interesting, but it will probably need a Judge to weigh that against PoFA in the context of contract law.  The BPA Code of Practice will also come into it. 

But, at this stage, why are you thinking so far ahead, no need, Morrisons will cancel this. Approach the store manager, receipt for the day in hand (or cc/bank statement), take any prior receipts/statements as well as (if your friend has one) a Morrisons 'More' loyalty card to prove he's a good customer. Ms will cancel, if not a store level, eventually the CEO, David Potts will.

I have the full Morrisons ECP agreement if it's any help to anybody.

I think that would be an excellent resource to hold on the forum, so, yes please, post it here.