POPLA Appeal OPC for overstaying

Agooner

Hi,

I would like some help with the POPLA appeal vs Observices.
 
I'm now at the POPLA appeals stage after having received a PCN in the post as the registered keeper of a car that overstayed the free parking limit.

My appeal to OPC as the registered keeper was rejected and I've now received the forms for POPLA.

Below are my initial appeal and OPC's replies.

Any help with this next stage would be great.

Thank you

My initial appeal
Hello,

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

As the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

OPC's reply
We write in response to your recent correspondence, the contents of which have been noted.

Given the above, if you maintain that you were not the driver of the vehicle; please provide the full name and address of the relevant driver at the material time so that we may remove your liability and details from our system.  Please note that such information should not be unreasonably withheld.

Please do one of the following;

Provide the requested information within 14 days of the date of this letter; or
Pay the discounted sum of £100.00 within 14 days of date of this letter.

Please be advised that failure to provide the requested information or make payment as stated above will result in the £100.00 parking charge being passed to OPC’s legal department for collection through the county courts; we further advise you that should this action be necessary, you shall be held liable for any associated court costs and charges.

Photographic evidence enclosed.

Payment may be made by cheque or by credit/debit card to the address above
Or by phoning 0844 26 40 712 Mon-Fri 10:00-16:00

Yours sincerely,

Appeals Department
OPC

OPC's final reply sent 9 days after the first.

Coupon-mad

Can you show us a pic of the sign? 

And the Notice to keeper.

Agooner

@Coupon-mad I've attached both.

Thanks

Coupon-mad

The front of that NTK isn't POFA compliant but what about the back?

Umkomaas

Coupon-mad said:

The front of that NTK isn't POFA compliant but what about the back?

If this is the original NtK (not a reminder) it fails PoFA on the dates - Event date: 15/08/23, Date of Issue: 06/09/23. No Keeper Liability. Winnable at POPLA as long as the driver remains undisclosed. 🤐 

fisherjim

What a bunch of Muppets, how on earth can they or the BPA claim that signage conforms and is audited that is one of the worst I have seen.

Agooner

Hi all,

What are my next actions? Use a similar template as on the forum for the POPLA appeal?

@Coupon-mad I've attached the back of the NTK

@Umkomaas yes this is the original NTK that I received in the post as the registered keeper.

Thanks all

Coupon-mad

Do as advised in the NEWBIES thread 3rd post which is all about POPLA appeal points.

Umkomaas

Coupon-mad said:

Do as advised in the NEWBIES thread 3rd post which is all about POPLA appeal points.

...... concentrating on the PoFA non-compliance of the NtK, thereby no liability for the charge can be passed to the registered keeper. Make that your very first appeal point of your POPLA submission. 

As often posted by forum stalwart @Fruitcake, these are the key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH (if appropriate)
2) Not the driver/not the person who may be liable for the charge
3) Not the landowner/ No landowner contract
4) No standing to issue charges in their own name
5) Inadequate signage
6) BPA CoP failures (if appropriate)