NCP threatening prosecution. Is this new?

LDast

Why did you call it a "PCN" (Parking Charge Notice) in your appeal? You have already confirmed that this was a "PN" (Penalty Notice). 

POPLA will not be of much use unless you can convince the assessor that a PN issued under bylaws can only hold the "owner" liable. The Hirer is obviously not the owner and there is no legal requirement for the Hirer to identify the driver. 

So, get your head around the fact that you are not appealing a PCN but a PN. PoFA has nothing to do with this. As long as the driver is not identified, you have nothing to worry about. 

Coupon-mad

But...have a good read of the BPA CoP Appendix about Railway Byelaws Penalties.

I haven't looked at it recently but IIRC the current 2020 BPA CoP Appendix says something like the BPA expects operators issuing byelaws Penalty Notices to follow the same rules as in the PoFA for the series of notices.  If I've remembered that right then you can argue that the NTH had no enclosures then point to the BPA CoP about PNs.

hirersezn

LDast said:

Why did you call it a "PCN" (Parking Charge Notice) in your appeal? You have already confirmed that this was a "PN" (Penalty Notice). 

POPLA will not be of much use unless you can convince the assessor that a PN issued under bylaws can only hold the "owner" liable. The Hirer is obviously not the owner and there is no legal requirement for the Hirer to identify the driver. 

So, get your head around the fact that you are not appealing a PCN but a PN. PoFA has nothing to do with this. As long as the driver is not identified, you have nothing to worry about. 

I don’t know. I was copying the standard vehicle hirers appeal, even though I did mention it was a Penalty Notice.

Before I appealed I did come to ask the forum for a review and it was okayed. This is why I never take actions before asking for advice.

Also what is the difference between a parking charge notice vs a penalty notice?

I do have another one to appeal, exact same ‘Penalty Notice’ thanks to the receptionist who told me that charging your vehicle automatically registers your number plate. Regarding this what would be the correct why to appeal this ‘Penalty Notice’?

Thank you 

hirersezn

Coupon-mad said:

But...have a good read of the BPA CoP Appendix about Railway Byelaws Penalties.

I haven't looked at it recently but IIRC the current 2020 BPA CoP Appendix says something like the BPA expects operators issuing byelaws Penalty Notices to follow the same rules as in the PoFA for the series of notices.  If I've remembered that right then you can argue that the NTH had no enclosures then point to the BPA CoP about PNs.

I will have a read.

Thank you 

Coupon-mad

hirersezn said:

. Regarding this what would be the correct why to appeal this ‘Penalty Notice’?

The way I suggested!

hirersezn

BPA CoP states

Apendix G, Section 5, 5.1

POFA 2012 provides specific instructions on the information that should be contained within a parking charge notice. This information allows drivers and keepers to understand the allegation against them, the situation in which they find themselves, and their options. There are no such requirements for penalties for breach of Byelaws or parking charges where the parking operator is not seeking to pursue the keeper using the provisions within POFA 2012.

______________________

So I lost this case before it began, there is no mention of following POFA rules when serving PN

Coupon-mad

Errr...read further.

What did you make of 4.2 and 4.3.

What do you mean "lost"? It doesn't matter even if a case is lost at POPLA.

hirersezn

4.2 & 4.3 talks about the timescales and Pofa does not apply here. It can be used as a guide but a ppc doesn’t have to.
As timescales have been met.

Forgive my ignorance but I don’t see a valid point in which I can argue for my appeal.

Coupon-mad

I don't understand.  To me this stuff is fairly easy to try to use in your favour.

You just write what suits your case and selectively quote some of the BPA CoP appendix paragraph 4.  Then say what the POFA requires (hirer documents to be enclosed with the NTK)  and point out that the BPA expects operators to mirror the POFA rules and guidelines regarding documents, when issuing a byelaws notice.

Grizebeck

Who cares anyway as it will time out