Met Parking Services Notice to Keeper Parking Charge

busymerchbee73

Going with simple POPLA appeal based on Coupon-mad previously posted template.  Wish me luck!

POPLA APPEAL:
1.      No keeper liability
I appeal as keeper.  I am not obliged to identify the driver and I decline to do so. Even if (which is not the case) the driver is liable, the operator can only transfer the driver’s liability to the keeper by complying with the strict requirements set out in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’).
As recognised in the BPA Code of Practice, strict compliance with POFA is required in order to pursue a keeper. Assumption, or partial or even substantial compliance is not sufficient even for the BPA, as the CoP states:
"21.2 As long as the strict conditions of Schedule 4 are met, you may claim payment from the keeper or the hirer of the vehicle rather than from the driver. To do this you need to follow the procedures set out in the Schedule…"
POFA paragraph 9.(2) (f) states that a notice to keeper "must ...: warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i) the amount of the unpaid parking charges … has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."
The PCN does not comply with POFA. That's fatal to their case. Game over.
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. 

Is the "Game Over" bit okay to write?

Coupon-mad

Only OK if this is a non-POFA NTK. Should win easily, as yours surely is non-POFA?

LDast

It has nothing to do with PoFA. They have not issued a PoFA compliant NtK because they are not relying on PoFA because they can't. Because the location is on land under statutory control, they cannot use the provisions of PoFA.

All PoFA does is allow the liability for the charge to be transferred from the driver to the keeper if they don't know the drivers identity. Because they have not and cannot rely on the provisions of PoFA, they cannot transfer liability from the driver to the keeper.

As they do not know the identity of the driver, they are stuffed. End of.

busymerchbee73

yes, I think so - see below.

Can I just check - do I chose OTHER for POPLA appeal reason?  Thanks again Coupon-mad!

Coupon-mad

Yes that's non-PoFA.

You could add a point that this is Airport land and this, not 'relevant land'.  As such, keeper liability does not apply here.

busymerchbee73

That's good news. Thank you.  Great, will add airport land too.

Q: do I choose OTHER as my POPLA appeal reason?

Coupon-mad

That's in the NEWBIES thread post 3.

  

Also:

Why not see if you can earn yourself £60 and help regulate the parking industry.

This is an official thing and MSE Towers has agreed I can share it...

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice#latest

URGENT:

Anyone who has tried to appeal a private parking charge is invited to put your details in NOW  (see link) and see if the DLUHC guys want to have a chat with you next week.

In your case I think they'd be interested to hear your experiences (win or lose) and how difficult this has been to go through POPLA, which is not easy to navigate and is not independent.  

busymerchbee73

Thank you very much Coupon-mad and for all the work helping with this thread and creating the NEWBIES info.  It has been invaluable and helped me with this stressful NTK!  
POPLA submitted!

busymerchbee73

Just as you said, the appeal has been withdrawn!  So pleased - thank you for all your help!
"the operator has reviewed your appeal and chosen to cancel the parking charge".

So very grateful to you guys for everything!

Coupon-mad

busymerchbee73 said:

Just as you said, the appeal has been withdrawn!  So pleased - thank you for all your help!
"the operator has reviewed your appeal and chosen to cancel the parking charge".

So very grateful to you guys for everything!

Nice. Thanks for confirming, to give other newbies the confidence that you gained.  Easy when you know how!