Company car PCN from EuroCar Parks due to overstay by 6 minutes

Coupon-mad

 They have also shown images of the signs illuminated at night, however these photos were taken a few weeks after the offence and approximately 1 hour 30 minutes prior to the time at which entry into the car park was made (19:55).

Was the parking event in the winter, before the clocks went forward, and thus MUCH darker than when they took those pics, especially if that was after the clocks went forward?

Skraivok

Hi All,

I've just received a decision from POPLA - my appeal was successful !!! Many thanks to everyone on the thread for their input, it was very much appreciated.

The decision was based purely on PoFA requirements, the lighting argument wasn't necessary it seemed:

In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. In this case, the operator has issued a PCN to the keeper of the vehicle for, parking longer than the maximum period allowed. The appellant has identified as the hirer of the vehicle in question. The driver of the vehicle on the date in question has not been clearly identified and the operator is therefore pursuing the hirer of the vehicle for the charge in line with the Protection of Freedoms Act (PoFA) 2012. 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, and the notice to keeper.” The operator has not provided evidence to show they have received the required documents to issue a notice to hirer. As they have not met the requirements of PoFA. For the reasons outlined above, I consider the PCN to be invalid and so, I must allow this appeal. All other grounds raised do not require any further consideration.

Coupon-mad

Very good news.

Umkomaas

Nice one, well done, and thanks for feedback. Car lease/hire cases are a real Achilles heel for PPCs where a correctly composed POPLA appeal is constructed.