Eurocarpark - Disabled Badge - POPLA Appeal

Coupon-mad

I'm not sure that has copied the words of the POPLA Assessor?

It's important to feed POPLA some words they recognise, and the favourite trick is to use their own words. Makes it very difficult for POPLA to disagree.

Kazaa

Ok got it ive literally used the assessors wording below and changed to my circumstance :--


Schedule 4, Paragraph 8, subsection (2) (f) of the Protection of Freedoms Act (POFA) 2012, states that the keeper must be warned that ‘after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (c) or (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver’. It goes on to state in (e) (ii) that ‘if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver’. Also as stated in (g) to 'inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

In this case Eurocarpaks has issued the PCN directly to the keeper so therefore must follow Paragraph 8 of POFA 2012. In this PCN Eurocarpaks has not brought a satisfactory warning to the keeper, as the notice does not advise the keeper that if they were not the driver to pass the notice onto the driver, moreover no offer of any discount is presented to the keeper for prompt payment. Therefore Eurocarparks has not met the requirements set out in POFA 2012.

Coupon-mad

ECP is 3 separate words with capital initials.

Remove this:

"Also as stated in (g) to 'inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;"

And remove:

"moreover no offer of any discount is presented to the keeper for prompt payment."

A NTK after a windscreen PCN doesn't have to offer the discount again. Some do, some don't.  Stop talking about the discount!

1505grandad

You stated in an earlier post:-
"Yes it was a windscreen ticket to start off with ....."

so should the following say "driver" and not "keeper" to avoid any suggestion that the RK is driver thereby removing POFA protection:-

"In this case Eurocarpaks has issued the PCN directly to the keeper so therefore must follow Paragraph 8 of POFA 2012."

Coupon-mad

Yes they should change:

"In this case Eurocarpaks has issued the PCN directly to the keeper so therefore must follow Paragraph 8 of POFA 2012."

to

"In this case Euro Car Parks' NTK says that they apparently issued a windscreen PCN first, therefore they must follow Paragraph 8 of the POFA 2012, if they are to hold the keeper liable. They have not complied."

Kazaa

Ok thanks for the comments will amend as above and then submit. However the discount to me seems like a valid point as under Para 8 a NTK should offer a discount and Under Para 7 a Notice to Driver should also offer a discount so dont see why it should be removed as it carrys weight.

Coupon-mad

Para 8 doesn't mandate a discount. Believe me, it is a wrong point and it would detract from the winning point.

Kazaa

Ok results are in from POPLA :---


"I am allowing this appeal, with my reasoning outlined below: The burden of proof lies with the operator to prove the PCN was issued correctly. I understand the reason for issue. In this case the driver of the vehicle has not been identified to either POPLA or the operator. The appellant told us they are the registered keeper, and there is no admission of who was driving. Therefore, the operator is pursuing the registered keeper for the PCN. As such, I need to consult with the provisions of the Protection of Freedoms Act (PoFA) 2012 in order to ensure the PCN has been issued correctly. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in the PoFA 2012 must be adhered to. The operator must specifically meet schedule 4 paragraph 8 (2) (e) (ii) which is the requirements for issuing a notice to keeper following a notice to driver and it states as follows: “The notice must— (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver.” In this case the notice to keeper does not indicate that the keeper must pass the notice on to the driver. Therefore, it has not met the requirements laid out in order to transfer liability correctly to the driver. Ultimately, POPLA’s role is to assess if the operator has issued the PCN correctly. As the operator has not met PoFA 2012 requirements I am not satisfied that the operator has issued the PCN correctly, and accordingly the appeal is allowed. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these."

So what i learnt from this is the windscreen PCN can be ignored and the NTK is key for POFA!! In this case victory for me

I have another NTK in the pipeline for same thing so do i simply use the same POPLA appeal or should i reference this POPLA appeal? 

Coupon-mad

Well done! 

Have you added this to POPLA Decisions and mentioned it is Euro Car Parks, with a link here to this thread for others to read later?

If the other one has the same flaw just do the same POPLA appeal.

In this case the notice to keeper does not indicate that the keeper must pass the notice on to the driver. Therefore, it has not met the requirements laid out in order to transfer liability correctly to the driver.

Kazaa

Not yet i will do that now :-) . Unfortunately it does not have the same flaw!!! Seems like they have updated the NTK!!!