Windscreen Ticket Appeal to PPS for Hire Car

FCM62

I got this response via email a couple days ago.

Next steps?

FCM62

I'm thinking as they've not sent a letter labelled "Notice to Keeper" it's one point I could add to a POPLA appeal?

Coupon-mad

A postal NTK doesn't have to have that label. The NEWBIES thread tells you this.  

Did you get a postal PCN? That was your NTK.  If you only got a windscreen PCN then you win, hands down!

FCM62

Coupon-mad said:

A postal NTK doesn't have to have that label. The NEWBIES thread tells you this.  

Did you get a postal PCN? That was your NTK.  If you only got a windscreen PCN then you win, hands down!

Oh, in that case I got an NTK. It just says "reminder notice"

Coupon-mad

And you've read the NEWBIES thread so you saw the thread of NTK pictures linked there, and can see if it's POFA compliant, or not. 

KeithP

The appeal refusal letter states...

     

I am struggling to understand how a sign that says NO PARKING AT ANY TIME and STRICTLY NO PARKING can form the basis of an agreed contract.

Fruitcake

The NTK (the reminder) is not PoFA compliant because it fails para 8 (2) (e) (ii) because it fails to invite the keeper to pass the notice to the driver. Note the use of the word "must" in para 8 (2) of the PoFA.

FCM62

Thank you for all the replies, I am currently drafting an appeal. Would the BPA Grace Period be a valid point to add seeing as the observation happened for 1 minute only? Barely enough time to read all the signs.

FCM62

KeithP said:

The appeal refusal letter states...

     

I am struggling to understand how a sign that says NO PARKING AT ANY TIME and STRICTLY NO PARKING can form the basis of an agreed contract.

What confuses me further is their signs state "NO PARKING, LOADING ONLY", but how are they proving the driver wasn't loading?

FCM62

I am using a template from the NEWBIES thread to draw up my appeal, here are some of the points, please let me know if they do not apply and I shall remove them.

1) Grace Period: BPA Code of Practice–non-compliance
2) There are no entrance signs for the regular entry and signs in this loading area are not prominent, clear or legible. Furthermore, there is no marked loading bay at the location nor boundary of the venue.
3) No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4) No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements
5) Vehicle Images contained in PCN: BPA Code of Practice – non-compliance (they have added a timestamp after)