Carparkers Appeal

foehammer92

Ok it’s sent off will await response. 

Out of interest my appeal says they haven’t complied with section 4 or whatever it was but there letter makes specific reference to the fact that they are doing such and such in line with the same rules I’m citing they haven’t followed?? Can someone use small words to tell me why they are wrong on that one thanks

Coupon-mad

It is a POFA worded NTK, in my view, but the word 'offence' should help win it at POPLA stage, plus the failure to identify the creditor - read what the PCN says about that - and (probably) inadequate signs. 

LDast

foehammer92 said:

Out of interest my appeal says they haven’t complied with section 4 or whatever it was but there letter makes specific reference to the fact that they are doing such and such in line with the same rules I’m citing they haven’t followed?? Can someone use small words to tell me why they are wrong on that one thanks

This is my way of explaining it to Newbies... The driver is always liable for any PCN. The problem for the PPC is that they do not know the identity of the driver. The driver is unknown. What the PPC does is get the keepers details from the DVLA. The keeper is known.

In 2012, the Protection of Freedoms Act came in. In short, what this Act did was allow a PPC to transfer liability for the PCN to go from the unknown driver to the known keeper. As long as the PPC complied with all the requirements of PoFA, they can do this.

In order for the PPC to be able to rely on PoFA, all the requirements of the Act must be complied with. Partial or even substantial compliance is not enough. What we look for is any failure, no matter how small, to fully comply with the Act. If there is any failure to fully comply with all the requirements, then the PPC cannot transfer liability from the unknown driver to the known keeper.

There are also instances where the PPC either doesn't bother with PoFA or PoFA does not apply, such as locations under statutory control. Airports, railway stations, docks are examples of areas under statutory control in tha they are covered by bylaws and so PoFA does not apply.

So, until we know for sure that the PCN is fully compliant with PoFA, the keeper should never reveal the unknown drivers identity, inadvertently or otherwise. If the PPC cannot rely on the provisions of PoFA to hold the known keeper liable, all they can do is chase the unknown driver. How do you think they'll do that?

foehammer92

Ok got a reply. Appeal denied 

Coupon-mad

Yep, you were expecting that and you'll already know from the NEWBIES thread, exactly which stage comes next and how that looks.

foehammer92

I have read the newbies post but I’m not clear on what my next step is. I have to do the popla appeal obviously but I’m not going to lie I don’t even know myself what my grounds for appeal is so writing a long winded appeal with evidence…I have nothing. 

I also am not clear on what this process is going to look like. Am I going to end up being rejected at popla and having to ignore lots of debt collection letters? Or do I actually win this?

Coupon-mad

fisherjim said:

Carparkers is a one man band which cropped up recently with an equally childish NTK.

He has very little in the bank for taking this much further, and as Half_way states he isn't that bright.

I would report him to the BPA for stating that this is an "offence" (an illegal act) which it isn't, and that is misrepresentation of authority

I'd do the above and otherwise ignore him

foehammer92

This forum advised me to send a sharp and pointed appeal that said a lot of stuff and now I’m being told to sit and ignore everything? What do I do with the popla appeal?

and for the 3rd time, am I going to win or am I going to have letters from debt companies for months?? It would be nice if someone could recheck the sharp appeal I was told to send, and how that aligns with the advice to now just sit and do nothing….!!!!!!

Grizebeck

Sorry but what does it matter if you get debt recovery letters

Coupon-mad

foehammer92 said:

This forum advised me to send a sharp and pointed appeal that said a lot of stuff and now I’m being told to sit and ignore everything? What do I do with the popla appeal?

and for the 3rd time, am I going to win or am I going to have letters from debt companies for months?? It would be nice if someone could recheck the sharp appeal I was told to send, and how that aligns with the advice to now just sit and do nothing….!!!!!!

But this is the right advice.

Because you won't easily win at POPLA.

Ignore the debt demands is a standard part of our advice fully covered in the NEWBIES thread 4th post and nothing to worry about.