Twice in one week. Fuming

Coupon-mad

The code is the ref at the top starting with 60.

brab888

Thanks. Am I sending POPLA the same reasons as in my initial appeal? No hire lease agreement was sent to me etc..?

brab888

I didn’t mention anything to do with signage I don’t know why they haven’t cancelled this!

Coupon-mad

troublemaker22 said:

So the lease/hire agreement was not enclosed with the PCN you got from Parkingeye.  Perfect.  

Appeal exactly as below. Do not write anything about what happened on the day:

”I appeal as hirer. I am not obliged to identify the driver and I decline to do so. You are unable to hold me liable as hirer because your purported notice to hirer does not comply with the requirements for a notice to hirer set out in paragraph 14 of Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’) and it is now too late for you to deliver a POFA-compliant notice to hirer.

in particular (without limitation) your notice was not accompanied by the documents required by POFA paragraph 14(2)(a). 

I require you to cancel the purported notice to hirer or to issue a POPLA code so that POPLA can order you to cancel it. 

[As your drop-down menu does not include ‘hirer’ as an option, I selected ‘keeper’ in order to be able to lodge this appeal. Please note that I am appealing as hirer.]

This was the appeal you put in.

Now do this for POPLA, ticking OTHER':


I appeal as hirer. I am not obliged to identify the driver and I decline to do so.

The operator is unable to hold me liable as hirer because their purported notice to hirer does not comply with the requirements for a notice to hirer set out in paragraph 14 of Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’) and it is now too late for them to deliver a POFA-compliant notice to hirer.

In particular (without limitation) the notice was not accompanied by the documents required by POFA paragraph 14(2)(a).

The right to recover a charge from a hirer only exists where all the applicable conditions under Schedule 4 are met.  POPLA will see that they were not.

2.  The operator has failed to demonstrate that its signage was adequate to give rise to a contract with the driver to pay the parking charge.  

3.  The operator has not proved that it owns the land in question or was authorised at the relevant time by the landowner to issue and enforce parking charges.

I reserve the right to expand on these points in light of any arguments or evidence put forward by the operator in response to this appeal. 

brab888

Sorry for basic questions I just want to make sure I’m doing this 100%. I’m not sure which one is best here .. 

brab888

You did say to tick ‘other’ so I’m going to go for that I just thought the other box about not being the driver or registered keeper could sum it up too..

troublemaker22

brab888 said:

You did say to tick ‘other’ so I’m going to go for that I just thought the other box about not being the driver or registered keeper could sum it up too..

Safer to tick other

brab888

Had another letter come through today but with our name on now instead of the lease company. Does this change anything? Surely it’s too old?

I have already sent off an appeal to POPLA after first rejection. 

troublemaker22

If it had been sent after PE was notified of your POPLA appeal it would have been a clear breach of the BPA Code of Practice:

23.6 When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately

But it's dated 15 February on which date you were still discussing which button to press on the POPLA appeals page, so probably just a timing issue.  Just ignore it.

brab888

Okay thanks. Yes I sent off appeal to POPLA same day (15/02/24).