POPLA NSL Stansted Airport Drop off

Tezan23

Coupon-mad said:

That's just stuff from an Assessor.  I said to include the POPLA Coach complaint findings.

So sorry I must of misunderstood. When I searched the Forum for NSL POPLA Coach I came across Susan's case and mentioned her results of popla appeal. Apologies, but which complaint were you referring to?

I also received this email from POPLA which shows same evidences plus hire agreement from NSL (DO I Need to reply?):


I also received the following reply from KADOEservice.support@dvla.gov.uk follow up complaint:

Coupon-mad

KADOE complaints is directing you to the DLUHC team when you complain about a PPC misleading keepers about the POFA?

Wow!

Kind of makes sense now, but that's new.  And the DLUHC isn't going to want to field complaints all of a sudden, which are really about the DVLA giving out data which is then being used for a purpose it wasn't released for.

I'm in touch with the DLUHC re the wider framework of private parking. I'll tell the DLUHC this next week, as we need to get to the bottom of this rubbish about NSL pretending the POFA applies on Airport land.

Yes you do need to comment on NSL's evidence pack misleading POPLA that Schedule 4 applies.

Search again for NSL POPLA coach and read more than just one result.

Can you reply to that DVLA email and ask them under FOI, for the signed NSL KADOE agreement that applies?  This will take a month to get, but would prove useful for you, if POPLA get this decision wrong (you won't be paying).

Tezan23

Coupon-mad said:

KADOE complaints is directing you to the DLUHC team when you complain about a PPC misleading keepers about the POFA?

Wow!

Kind if makes sense now, but that's new.  And the DLUHC isn't going to want to field complaints all of a sudden, which are really about the DVLA giving out data which is then being used for a purpose it wasn't released for.

I'm in touch with the DLUHC re the wider framework of private parking. I'll tell the DLUHC this next week, as we need to get to the bottom of this rubbish about NSL pretending the POFA applies on Airport land.

Yes you do need to comment on NSL's evidence pack misleading POPLA that Schedule 4 applies.

Search again for NSL POPLA coach and read more than just one result.

Can you reply to that DVLA email and ask them under FOI, for the signed NSL KADOE agreement that applies?  This will take a month to get, but would prove useful for you, if POPLA get this decision wrong (you won't be paying).

Email reply to DVLA sent. 

Coupon-mad

Have the DVLA bothered to reply?

Did POPLA make a decision yet?

Tezan23

Coupon-mad said:

Have the DVLA bothered to reply?

Did POPLA make a decision yet?

Hi, yes both replied. The POPLA appeal was successful all thanks to you guys help and assistance.

Decision

Successful

Assessor Name

Stuart Lumsden

Assessor summary of operator case

The operator has issued the parking charge notice (PCN) due to failing to pay.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal: • NSL’s appeals process unlawfully requires them to either confirm they were the driver or not, forcing a motorist to lie or stop them appealing. • The PCN and operator does not comply with PoFA. • Airport land is not relevant land and as such, no keeper liability can take place. • They are the keeper of the vehicle and will not name the driver.

Assessor supporting rational for decision

I find in favour of the appellant and allow this appeal, below I will explain my reasoning. I acknowledge the appellants grounds of appeal and appreciate the driver has not been named. Whilst the land is not relevant land, the operator must still comply with PoFA in order to transfer liability from the driver to the registered keeper. As such, I need to establish if the operator has complied with the requirements of the Protection of Freedoms Act (PoFA) 2012. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper, the regulations laid out in PoFA must be adhered to. I have reviewed the PCN and note that the breach occurred on 17th September 2023, and the PCN was issued on 25th September 2023, well within 14 days specified in PoFA. The Notice to Keeper goes on to state that if after 28 days the full amount has not been paid and they do not know the name and address of the driver, they have the right to purse the registered keeper. Whilst this is correct, the operator also needs to advise the motorist to pass the notice to the driver. As the PCN fails to do this, it has failed to comply with PoFA and cannot transfer liability to the registered keeper. As such, I cannot conclude that the PCN was issued correctly and must allow the appeal. I note the appellant has raised other points relating to the parking charge notice, but as I have allowed the appeal it will have no bearing on the case.

Moreover, this was DVLA (FOI@dvla.gov.uk) reply:

I am writing regarding your FOI request in which you’ve asked for NSL KADOE contracts.  Could you clarify which contract you are seeking?  The DVLA has a number of KADOE agreements with NSL.

 

Within your complaint, you referred to an airport – perhaps you could advise which airport you are referring to so, to enable us to narrow our searches accordingly.

 

Regards

 

Freedom of Information Team

KeithP

Right result but what a crazy way of getting there.

If the alleged parking event took place on 'not relevant land', then there is no way that POFA can be used to transfer any driver's liability to the keeper.

That in turn means that all that waffle about the days and dates is pure fantasy - it's not relevant land - POFA doesn't apply.

We can also see that rubbish about the operator failing to tell the keeper to pass the notice to the driver is also totally irrelevant - it's not relevant land - POFA doesn't apply.

Clearly there is still great scope for the skill levels of PoPLA assessors to be improved.