POPLA appeal good enough?

Coupon-mad

bjazzy said:

Umkomaas said:

KeithP said:

@Umkomaas, that image we have been shown is a reminder.
The reminder says that a NtK was sent on 14th July, just ten days after the date of the alleged parking event - 4th July.
Also, does a reminder need to have any specific wording?

Thanks @KeithP, missed that. A Reminder does not PoFA-specific wording. @bjazzy, let us have sight of your original Notice to Keeper (redacted of identifiers), front and back, but leave all dates visible. Do not use my suggested POPLA appeal point until we have seen the original NtK. 

Verbatim copy of the appeal which was rejected by Highview (blue badge and email from landowner was attached as has also been attached in the POPLA appeal)

I never got the original NTK for this alleged offence.

However i did get another NTK for the same parking location which was appealed with identical reasons and allowed by High view. In my POPLA appeal i have NOT mentioned about this.
 Front and back of this NTK are below




In my Highview appeal i did not mention PoFA as it seems the notice was compliant w.r.t Para 9(2)(b). Reading the first NTK (had i received it) it seems compliant with para9(2)(a) but Reminder is not. Sounds like i would need to remove the PoFa ground from my Popla appeal as it would deemed that i received the first NTK.

Re Data Protection text on the back of the NTK and Reminder, is that sufficient for compliance?

Re photos - I will try find a way to put time stamp or click my own and not use google maps
Thanks

Just using these images as examples on my thread of NTK photos and I noticed that I think this NTK arrived too late for keeper liability.

Is this the one we said was non-POFA?

The one about the incident on 23rd July has a date on the NTK of Thurs 3rd August.  The earliest that is deemed delivered is the following Monday.

That's day 15 (you count 24th as day one).

Too late for keeper liability. 

POFA says at para 9:
(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.

bjazzy

Got POPLA appeal but i m failing to understand the basis it was successful as to me the PCN was in time.
Think operator will ask POPLA to reopen as seen in other instances...
----------------------------------------------------------------------------------------------------------

Decision
Successful

xxxxxxxxxxxxx

Assessor summary of operator case

The parking operator has issued the parking charge notice (PCN) for exceeding the maximum stay.

Assessor summary of your case

The appellant has provided a 15 page word document. However, as the appeal will be allowed it is not necessary to address any of this.

Assessor supporting rational for decision

The appellant has not identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the registered keeper. In order for the registered keeper to be liable for the PCN, I have to consider if the operator has complied with the Protection of Freedoms Act 2012 (PoFA). The PCN was issued to the keeper on 10 July for the parking event that occurred on 4 July. To comply with PoFA the operator must issue the PCN within a period of 14 days beginning with the day after that on which the specified period of parking ended. PoFA sets out that the notice is presumed delivered two working days from the date it was sent. This means that this notice would have been presumed delivered under PoFA on the 15th day, and so was not delivered within the relevant period. Having considered the evidence, I am not satisfied the operator has issued the Notice to Keeper within 14 days, and therefore has complied with PoFA. When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

Coupon-mad

If it's the one that I posted about above, I explained already that it was a day late.

bjazzy

Coupon-mad said:

If it's the one that I posted about above, I explained already that it was a day late.

Its not this but the other one i posted. link below 4th July parking event

https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/b9/0ulmho9o4kck.jpeg

KeithP

bjazzy said:

Coupon-mad said:

If it's the one that I posted about above, I explained already that it was a day late.

Its not this but the other one i posted. link below 4th July parking event

https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/b9/0ulmho9o4kck.jpeg

But why have you shown us an image of a reminder letter?
Clearly, a reminder letter will always be outside the fourteen days allowed.
What am I missing here?

bjazzy

KeithP said:

bjazzy said:

Coupon-mad said:

If it's the one that I posted about above, I explained already that it was a day late.

Its not this but the other one i posted. link below 4th July parking event

https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/b9/0ulmho9o4kck.jpeg

But why have you shown us an image of a reminder letter?
Clearly, a reminder letter will always be outside the fourteen days allowed.
What am I missing here?

KeithP said:

bjazzy said:

Coupon-mad said:

If it's the one that I posted about above, I explained already that it was a day late.

Its not this but the other one i posted. link below 4th July parking event

https://us.v-cdn.net/cdn-cgi/image/fit=scale-down,width=1600/https://us-noi.v-cdn.net/6031891/uploads/editor/b9/0ulmho9o4kck.jpeg

But why have you shown us an image of a reminder letter?
Clearly, a reminder letter will always be outside the fourteen days allowed.
What am I missing here?

Hi Keith i never got the first notice only the reminder letter..
Date of event 04 July
Notice for charge claimed to be sent on 14th July which has made me think the basis of Popla decision..

Coupon-mad

bjazzy said:

Got POPLA appeal but i m failing to understand the basis it was successful as to me the PCN was in time.
Think operator will ask POPLA to reopen as seen in other instances...
----------------------------------------------------------------------------------------------------------

Decision
Successful

xxxxxxxxxxxxx

Assessor summary of operator case

The parking operator has issued the parking charge notice (PCN) for exceeding the maximum stay.

Assessor summary of your case

The appellant has provided a 15 page word document. However, as the appeal will be allowed it is not necessary to address any of this.

Assessor supporting rational for decision

The appellant has not identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the registered keeper. In order for the registered keeper to be liable for the PCN, I have to consider if the operator has complied with the Protection of Freedoms Act 2012 (PoFA). The PCN was issued to the keeper on 10 July for the parking event that occurred on 4 July. To comply with PoFA the operator must issue the PCN within a period of 14 days beginning with the day after that on which the specified period of parking ended. PoFA sets out that the notice is presumed delivered two working days from the date it was sent. This means that this notice would have been presumed delivered under PoFA on the 15th day, and so was not delivered within the relevant period. Having considered the evidence, I am not satisfied the operator has issued the Notice to Keeper within 14 days, and therefore has complied with PoFA. When assessing an appeal POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

Yes this POPLA Decision was funny!

POPLA can't count. Worked in your favour this time!