Disabled parking and grace periods

Monetpainter

Is this the one?

2. The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider whether they are confident that the Assessor knows who the driver is, based on the evidence received. No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person.

In this case, no other party apart from an evidenced driver can be told to pay. As there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a keeper without a valid NTK.

As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This applies regardless of when the first appeal was made and regardless of whether a purported 'NTK' was served or not, because the fact remains I am only appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party.

The burden of proof rests with the Operator to show that (as an individual) I have personally not complied with terms in place on the land and show that I am personally liable for their parking charge. They cannot.

Coupon-mad

Well of course you can only use that argument if the NTK is non-POFA:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The NEWBIES thread explains all this and how to dig deeper.

Monetpainter

Ah ok I think I understand now 
the PCN does state it is POFA  to recover the parking charge from the keeper of the vehicle.

Ok so I should remove that part from the letter as it will not apply 

KeithP

Monetpainter said:

the PCN does state it is POFA  to recover the parking charge from the keeper of the vehicle.

Well they would say that, wouldn't they?
Have you checked? Is the NtK POFA compliant?

Monetpainter

KeithP said:

Monetpainter said:

the PCN does state it is POFA  to recover the parking charge from the keeper of the vehicle.

Well they would say that, wouldn't they?
Have you checked? Is the NtK POFA compliant?

Yes it looks like it is POFA compliant to me

Coupon-mad

In that it arrived before day 14 AND has the words from paragraph 9?

Monetpainter

Yes I believe the pcn covers all of paragraph 9 and it arrived to my address within 5 days

Monetpainter

Yes I believe the pcn covers all of paragraph 9 and it arrived to my address within 5 days

Coupon-mad

Ok so I should remove that part from the letter as it will not apply 

Yes, you can't use it unless you are able to argue that the parking charge is unsupported by the POFA due to 'inadequate notice of the parking charge' (i.e. the charge being buried in small print and not prominent like in the Beavis case sign).

Monetpainter

So I have appealed to Popla but I have received a response from LPA disputing my appeal.

They have provided evidence of my non payment, pics of my car entering and leaving, car park signage that are stock photos and not of how the car park is now with the building work in situ, witness statement from 2019 about the car park, pcn and my emails to them appealing.  They have mentioned nothing about the disability in their response.

Please refer to POPLA case – 3711598012 & 3712018003. These appeals were the same as this case and these appeals were Refused. Another case similar to this is verification code 3710529004. Please view this as this was refused also. A Recent POPLA decision for verification code 3710980009 was refused. Parking Charge Notice and any notes: Attached is a copy of the Parking Charge Notice issued to the Registered Keeper of the vehicle. Registered keeper details and liability trail: We have transferred the liability for the Parking Charge Notice (PCN) from the driver of the vehicle to the keeper of the vehicle using PoFA 2012 – Please refer to Protections of Freedoms Act 2012 Schedule four for further details. Original representations and notice of rejection: Attached is a copy of the appellant’s original appeal along with our response.

Can someone please advise what to do next please?