Civil Enforcement Evidence Rebuttal - Non POFA

granada_bound

Hi All,

The information contained within this discussion forum has been invaluable so far so many thanks. I have appealed a non-POFA PCN from CE and received their 'evidence' pack for comment a couple of days ago. My appeal to POPLA was based on the operator not being able to enforce Keeper Liability and not showing that the individual they were pursuing was liable for the charge:

"At no point have Civil Enforcement provided any proof as to the identity of the driver of the vehicle; nor have I provided them with the identity of the driver (nor do I intend to)."

In my first appeal to the PPC I had also appealed on contractual authority and signage but I didn't include these points in my POPLA appeal.

The evidence pack from CE completely ignores my main appeal point which is that they can't enforce keeper liability but, within their pack they have included photos of their very poor signage. Do I point out how poor these are despite not including signage in my POPLA appeal.

They also continually imply that the appellant and the driver are one and the same with no evidence so I plan to list all the points where they do this and comment as follows:

In points 5, 6, 8, 12, 16, 18, 19, 20 and 27 Civil Enforcement imply that I as appellant was the driver for which they have provided no evidence and therefore cannot conclude. There is no evidence that they have a contract with me as keeper of the vehicle so the rest of their evidence is completely irrelevant.

Is this OK?

KeithP

Hello and welcome.

At this stage you cannot add further evidence. This means that as you haven't discussed signs in your PoPLA appeal, you cannot challenge their signs now.

But yes, definitely challenge their assertions around POFA and the driver's identity.

granada_bound

Thank you. I have drafted the following to send to POPLA:

"I cannot comment on the bulk of Civil Enforcements evidence as most of it is not relevant to the grounds of appeal I submitted. In fact, they have not addressed my grounds of appeal at all.

They discuss the actions and obligations of the driver throughout their evidence yet they sent their invoice to the keeper of the vehicle and I am appealing as keeper.

They also constantly imply that the appellant is also the driver. They have provided no evidence for this and cannot come to this conclusion.

Nowhere in their evidence do they show that they have a contract with me as keeper. They cannot enforce keeper liability as they have not adhered to POFA."

Coupon-mad

Looks fine.

granada_bound

The POPLA appeal was a success. Many thanks. I will post the POPLA decision in the decisions thread.