IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Do I take an unsuccessful POPLA appeal any further?
HokeyCokey99
Posts: 7 Forumite
I might be wrong, but I thought the 14 days receipt of a PCN was a key requirement of the Protection of Freedom Act (PoFA 2012). I proved in my appeal to POPLA that the notice was received after 14 days, however in the 'Assessor supporting rational for decision' from POPLA they state the following:
"In this case, it is not clear who the driver of the vehicle is and therefore, I must consider the Protection of Freedoms Act 2012 (PoFA 2012), as the parking operator issued the Parking Charge Notice (PCN) to the Registered Keeper of the vehicle."
They go on to say:
"I note the appellant has raised that the PCN was not received until 'dd mm' 2023, the requirements of PoFA state the Notice to Keeper must been issued within 14 days of the date of contravention if the driver cannot be identified. Whilst it is unfortunate if the appellant did not receive the PCN until considerable time later, I am satisfied the requirements of PoFA have been met in this case."
'dd mm' - I just removed the date.
Do you think I have grounds to take an unsuccessful POPLA appeal any further?
"In this case, it is not clear who the driver of the vehicle is and therefore, I must consider the Protection of Freedoms Act 2012 (PoFA 2012), as the parking operator issued the Parking Charge Notice (PCN) to the Registered Keeper of the vehicle."
They go on to say:
"I note the appellant has raised that the PCN was not received until 'dd mm' 2023, the requirements of PoFA state the Notice to Keeper must been issued within 14 days of the date of contravention if the driver cannot be identified. Whilst it is unfortunate if the appellant did not receive the PCN until considerable time later, I am satisfied the requirements of PoFA have been met in this case."
'dd mm' - I just removed the date.
Do you think I have grounds to take an unsuccessful POPLA appeal any further?
0
Comments
-
How would you like to take it further....Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire1
-
The response from POPLA seems to contradict itself:
'the requirements of PoFA state the Notice to Keeper must been issued within 14 days of the date of contravention'
'Whilst it is unfortunate if the appellant did not receive the PCN until considerable time later, I am satisfied the requirements of PoFA have been met in this case.'
Therefore, I thought I may have grounds to take this case further through the legal process or do I just pay the fine?0 -
Yes, PoPLA have got it wrong.
POFA does not say the notice must be issued within fourteen days.
POFA Sch4 para 9 includes...(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.That clearly states that the notice must be received within fourteen days.
2 -
1. It isnt a fine
2. no you dont pay it
3. You can complain to the lead adjudicator that they have got the law wrongAdvocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire2 -
Thank you, it's exactly I was thought - but what can I do about it?KeithP said:Yes, PoPLA have got it wrong.
POFA does not say the notice must be issued within fourteen days.
POFA Sch4 para 9 includes...(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.That clearly states that the notice must be received within fourteen days.
0 -
HokeyCokey99 said:
Thank you, it's exactly I was thought - but what can I do about it?KeithP said:Yes, PoPLA have got it wrong.
POFA does not say the notice must be issued within fourteen days.
POFA Sch4 para 9 includes...(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.That clearly states that the notice must be received within fourteen days.
What does @Grizebeck's post say in point number 3 just above your last post?
2 -
Grizebeck replied.fisherjim said:HokeyCokey99 said:
Thank you, it's exactly I was thought - but what can I do about it?KeithP said:Yes, PoPLA have got it wrong.
POFA does not say the notice must be issued within fourteen days.
POFA Sch4 para 9 includes...(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.That clearly states that the notice must be received within fourteen days.
What does @Grizebeck's post say in point number 3 just above your last post?1 -
Many thansk for the advice!Grizebeck said:1. It isnt a fine
2. no you dont pay it
3. You can complain to the lead adjudicator that they have got the law wrong1 -
What was the date on the NtK? When you actually received it is irrelevant. You are "deemed" to have received it two working days after it was issued. What was the date the NtK was issued (not the date of the parking event)?2
-
B789 said:What was the date on the NtK? When you actually received it is irrelevant. You are "deemed" to have received it two working days after it was issued. What was the date the NtK was issued (not the date of the parking event)?
This was the calculation that I provided and the table I've attached above.
"The day of the event was 08/05/2023, they posted their notice on day 11, 19/05/2023 and I needed to receive the notice by 22/05/2023 to be within the 14 days. However, I didn’t receive the notice until 24/05/23. Having posted the notice on 19/05/23 and allowing two working days after the date of postage (not including Saturday and Sunday as stated in the Act) the second working day would have been 23/05/2023 which is 15 days after the event and is too late for me to receive the notice anyway."
1
Categories
- All Categories
- 346.2K Banking & Borrowing
- 251.2K Reduce Debt & Boost Income
- 451.1K Spending & Discounts
- 238.3K Work, Benefits & Business
- 613.4K Mortgages, Homes & Bills
- 174.6K Life & Family
- 251.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards