PE submission - Golden ticket case

Scott0966

I submitted my appeal to POPLA a few weeks ago. I've now had the documents that PE have submitted in reply to a template appeal to POPLA using POFA after I followed the advice on these boards. PE state in their documents:-

Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012. As such, the appellant’s comments regarding the Parking Charge Notice being issued incorrectly are not relevant in the case.

Do I have anything to worry about? 

As an aside, in the letter of written authority, it states that "this is a relevant contract as referred to in Part 2(1)(b) of the Protection of Freedoms Act 2012 and ParkingEye is "authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contact with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.

Should I just make no comment on their documents at all as it seems they are claiming POFA is and isn't relevant at the same time.

I've declared I'm the RK and have not identified the driver.

Fruitcake

You state that wherever you have averred something, for example that the keeper cannot be held liable because the NTK fails to comply with the PoFA, then that appeal point must be allowed.
You should also state that since ParkingEye are not the landowner, and have not provided a copy of their alleged contract with the landowner, it is accepted that no such contract exists.

What happened when you complained to the landowner?

Have you complained to your MP about this unregulated industry?

Coupon-mad

Your comments to POPLA will be simply pointing this admission out:

Please be advised, this Parking Charge was not issued under the Protection of Freedoms Act 2012. 

...and saying, in that case, I can't be held liable under any applicable law and as the driver has never been identified, POPLA cannot decide that the PCN was properly given.

Scott0966

Fruitcake said:

You state that wherever you have averred something, for example that the keeper cannot be held liable because the NTK fails to comply with the PoFA, then that appeal point must be allowed.
You should also state that since ParkingEye are not the landowner, and have not provided a copy of their alleged contract with the landowner, it is accepted that no such contract exists.

What happened when you complained to the landowner?

Have you complained to your MP about this unregulated industry?

I couldn't find out who the landowner was - I did try to get the cinema to cancel the charge but they wouldn't and said I had to appeal. Ironically a few days after the PCN there are no parking restrictions there any more. It seems customer pressure might have done the trick but not in time for me. They did include the contract in the bundle which ironically refers to the POFA as I copied in my post.

An email went off to my MP last night.