Sainsburys Euro Car Parks PCN help

Le_Kirk

All advice for POPLA appeals is within the third post of the NEWBIE sticky.

Fruitcake

Do a forum search for Hire Car PoPLA appeals. Use every variation of hire, Hire, car, vehicle, PoPLA etcetera.

ECP will have failed to provide the mandatory hire documents stated in paras 13 and 14 of the PoFA, so that will be your first appeal point. You need to quote the PoFA 2012, the relevant paragraphs (13 and 14) and what documents they have failed to include.

Add all the standard points after that,

Not the landowner
No standing to issue charges
Not the driver/the person liable for the charge
Inadequate signage
BPA CoP failures
Anything else relevant

Show us your draft before you submit it.

amanwithaplan

Am I allowed to ascert that I’m only the hirer and have been ‘assumed’ to be the driver. Think someone said I’m under no legal obligation to tell a private parking company who was driving, unlike something like a speeding fine.

Grizebeck

Just appeal as the hirer
Easy popla win

B789

amanwithaplan said:

Am I allowed to ascert that I’m only the hirer and have been ‘assumed’ to be the driver. Think someone said I’m under no legal obligation to tell a private parking company who was driving, unlike something like a speeding fine.

The “hirer” and the “driver” are two separate entities in law. You are appealing as the “hirer”. The intellectually malnourished eejits have no idea who the driver is, so, they cannot transfer liability to the “hirer” because they have not adhered to the Schedule. 

Do not blab who was “driving” and submit your POPLA appeal as the “hirer”. They will cancel the PCN. This is not a criminal offence so no obligations to reveal the driver. Don’t even think about it. 

Coupon-mad

amanwithaplan said:

Am I allowed to ascert that I’m only the hirer and have been ‘assumed’ to be the driver. Think someone said I’m under no legal obligation to tell a private parking company who was driving, unlike something like a speeding fine.

Yes, just search the forum for something like:

 POPLA NTH appeal POFA 13

Change 'best match' to newest and your third result is good enough.

amanwithaplan

Right on the last day of the 21 day period ECP have submitted a 35 page evidence pack - so they sure as hell ain't rolling over - they have had to put some serious time and work in on it and seem to be adamant that they are in the right.

I guess I just comment on it with a further quick summary of the 2 points I have appealed on which is documents not being sent to me as per POFA 13, and that they can't assume I was the driver at the time.

Any advice before I go ahead? I only have 7 days to comment.

Coupon-mad

Yep. They can't win a NTH case.

amanwithaplan

It's incredible that they keep trying - they must have put a lot of effort into that 35 page pack!

All they say is you broke the rules, here's the rules, you broke the rules, here's the rules, you broke the rules, here's the rules, you broke the rules, here's the rules... and nothing about the actual appeal points I made.

KeithP

amanwithaplan said:

It's incredible that they keep trying - they must have put a lot of effort into that 35 page pack!

All they say is you broke the rules, here's the rules, you broke the rules, here's the rules, you broke the rules, here's the rules, you broke the rules, here's the rules... and nothing about the actual appeal points I made.

Which just goes to show that, rather than "must have put a lot of effort into that 35 page pack", they've just copied a template already prepared and used many times before.