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69 Contract terms that may have different meanings
(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.
The OP needs to be absolutely clear, because it isn't, whether the appeal rejection letter contained a POPLA code. All the OP has said is that they appealed and it was rejected and that the rejection letter stated driver details are to be provided due to PoFa 2012. That does not answer the question.
If it was a letter asking for further details with driver ID, then it is not a rejection. If it wasn't responded to, then a rejection would have had to be sent that contained the POPLA code. We simply don't know at this stage.
If the OP is unsure, then they can post a picture of the rejection letter with their personal data, PCN number and VRM redacted.
The OP needs to be absolutely clear, because it isn't, whether the appeal rejection letter contained a POPLA code. All the OP has said is that they appealed and it was rejected and that the rejection letter stated driver details are to be provided due to PoFa 2012. That does not answer the question.
If it was a letter asking for further details with driver ID, then it is not a rejection. If it wasn't responded to, then a rejection would have had to be sent that contained the POPLA code. We simply don't know at this stage.
If the OP is unsure, then they can post a picture of the rejection letter with their personal data, PCN number and VRM redacted.
Apologies if this wasn't clear.
1. An appeal was lodged using the template response to the company. No POPLA code was provided. I didn't respond to the email below as per the guidance from an original post.
Here's the response I had:
Good afternoon,
Thank you for your email.
Please be advised, if driver details are not provided due to PoFA 2012.
The Keeper will remain liable for the charge.
Please also note, we have not sent any direct contact to the keeper of the vehicle at this time, our client has only placed a ticket on the vehicle on the day of the contravention.
Then you don't appear to have received a postal NTK PCN letter, between day 29 and day 56 , the appeal was as keeper to the windscreen PCN and submitted around day 25 and the reply was phishing for driver details , it was not a rejection letter, or a rejection email, no rejection has been issued AFAIK
The driver details have not been revealed
You have been told to ignore the ZZPS letter
You have not received an NTK PCN letter , so the POFA keeper liability issues haven't arisen, there is no keeper liability
A complaint, not an appeal, should be made to GBP Management telling them that they have failed to issue a Notice to Keeper within the timescale required by PoFA to be able to transfer liability for the PCN from the unknown driver to the known keeper. As there is no legal obligation for the known keeper to name the unknown driver, they should stop asking you, the known keeper to pay the alleged debt. Only the unknown driver is liable for the alleged debt.
Inform them that should they, or their agents, continue to harass you, the known keeper for an alleged debt that the known keeper cannot be liable for, they should either put their money where their mouth is and serve a claim on the known keeper where you will not only robustly defend but will respond with a Part 20 counterclaim for damages for harassment after the fact that they were informed about the lack of known keeper liability.
Thanks for all of your help all - here's my complaint email below: *Should I also add the fact the confusion regarding the condition to park doesn't seem to have the AND..?
I want to formally complain with regards to this PCN. You have failed to issue a Notice to Keeper within the timescale required by the PoFA to be able to transfer the liability for the PCN from the unknown driver to the known keeper. As there is no legal obligation for the known keeper to name the unknown driver, I request to immediately stop asking me to pay the debt. Only the unknown driver is liable for the alleged debt.
If you continue to harrass me, the known keeper for an alleged debt that the known keeper cannot be liable for then I suggest you lodge a claim where I will not only robustly defend, but will respond with a Part 20 counterclaim for damages for harassment after you were informed about the lack of known keeper liability.
If you want to add anything else, just say that having reviewed pictures of the signage onsite, the signage is very poor and inaccurate, dont tell them why, dont assist them in any way
You have previously been told not to use the term, "To whom is may concern."
In addition, saying you want to complain is not the same as complaining.
You should add to the complaint that the BPA CoP prohibits operators from commencing the debt recovery process during the appeal period, and that if the charge is not cancelled, you will complain to the BPA about this CoP breach.
Quick update, had a response to my complaint email which i've pasted below. Sounds like they aren't prepared to raise a complaint as driver details weren't provided (odd as this doesn't need to be legally provided): ---------------------------------------------------------------------
Good morning
Thank you for your email.
You were made aware of this Charge at the ticket to vehicle stage and stated you were the registered keeper.
In your appeal you refused to give the driver's details, therefore the case has progressed accordingly.
Please be advised, as our involvement in the matter is on a strict debt resolution basis, we are unable to assist in any appeals or disputes.
Our client maintains that this Parking Charge has been issued correctly and referred to us to pursue payment.
Your correspondence has been noted, however, in the absence of payment or a payment arrangement within 7 days of this email, this matter will continue to progress accordingly.
