Charge Notice Advice

kacperhnat

Hi Guys,
This is what I came up with.
Do you think this is enough to win the appeal with the 'Golden Ticket'?
https://www.dropbox.com/scl/fi/rwao4rt3m34uero25lznh/Dear-POPLA.pdf?rlkey=brlfdknldhcfle8d1qfeo4kk8&st=byvx2o1t&dl=0

I will also attach a photo of the original parking charge as proof.

Coupon-mad

kacperhnat said:

Hi Guys,
This is what I came up with.
Do you think this is enough to win the appeal with the 'Golden Ticket'?
https://www.dropbox.com/scl/fi/rwao4rt3m34uero25lznh/Dear-POPLA.pdf?rlkey=brlfdknldhcfle8d1qfeo4kk8&st=byvx2o1t&dl=0

I will also attach a photo of the original parking charge as proof.

You need a first paragraph saying that the NTK is non-POFA and why.

That is one of the suggested linked POPLA points in the 3rd post of the NEWBIES thread. Go and grab that as para 1.

kacperhnat

Hi Guys,
I really appreciate all the help you have given me!
Here is an updated one with the paragraph about the NTK being non-POFA.
https://www.dropbox.com/scl/fi/47j22vyp4cvixctrfwkr4/Dear-POPLA-FInal-Final.pdf?rlkey=hv9cshrnkr3cd2dkahdaej4s5&st=qq472040&dl=0

Should I change anything else or will this be enough?

Coupon-mad

It's more about the omission of 9(2) f

kacperhnat

I've changed that paragraph to:

ParkingEye Ltd. has omitted the following wording from paragraph 9 (2) (f), of schedule 4, of POFA 2012:!  

’The notice must –  

 

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— 

(i)the amount of the unpaid parking charges specified under paragraph (d) 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 

 

  

Upon receiving the Notice to Keeper it lacked the mention of paragarph 9 (2) (f) of schedule 4 of POFA’ beacuse of that the appellant feels that the operator has failed to adhere to the conditions outlined under POFA 2012 and therefore breaches the documented legislation.  

Anything else to add or remove?

Coupon-mad

Change this:

"beacuse of that the appellant feels that the operator has failed to adhere to the conditions outlined under POFA 2012 and therefore breaches the documented legislation."

to 

therefore, it is incapable of holding the appellant registered keeper liable.

kacperhnat

Coupon-mad said:

Change this:

"beacuse of that the appellant feels that the operator has failed to adhere to the conditions outlined under POFA 2012 and therefore breaches the documented legislation."

to 

therefore, it is incapable of holding the appellant registered keeper liable.

I've Changed it.

I've submitted the appeal and I will update you guys once I get an answer back.

Thank you so much for your help.

kacperhnat

Hi all,

After months of complete silence I have finally received a reply from POLA.

"We can only accept appeals from drivers in Scotland and Northern Ireland in limited circumstances. If the keeper of the vehicle wasn't driving, then we cannot accept an appeal from them. This is because Scotland and Northern Ireland has a different set of rules to England and Wales.

POPLA’s criteria to appeal such parking charges are below:

You confirm that you are the driver of the vehicle who received the parking charge notice; or

You are appealing on behalf of the driver who received the parking charge notice.

After reviewing your appeal details, it has been brought to our attention that the above criteria has not been met, and so we are unable to assess this appeal and must withdraw it.

 

POPLA’s involvement has now ended. For further information or advice, you can contact Citizens Advice Scotland at www.cas.org.uk/, or Northern Ireland at www.citizensadvice.org.uk/about-us/northern-ireland/. Alternatively, you can seek your own independent legal advice."

I'm confused because I thought my whole defense here was the fact that they cannot prove that I was the driver at the time.

Any advise here would be grateful 

Grizebeck

No further advice needed other then ignore from now on
you dont appear to have mentioned it was in Scotland.....

kacperhnat

Grizebeck said:

No further advice needed other then ignore from now on

Are you sure? Would you be able to elaborate? 
I really don't want a sudden surprise from Parking Eye later on.