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Parking on a white line?

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  • Coupon-mad
    Coupon-mad Posts: 151,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That got them squirming!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flyer
    flyer Posts: 2,286 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That got them squirming!
    Defo! I've just got to word an appeal now!
    Even if you are a minority of one, the truth is the truth.
  • Coupon-mad
    Coupon-mad Posts: 151,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You aren't at appeal stage.

    Why was the reminder addressed 'To Whom it May Concern'?  A company recipient?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flyer
    flyer Posts: 2,286 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You aren't at appeal stage.

    Why was the reminder addressed 'To Whom it May Concern'?  A company recipient?
    It was addressed to the company, at the company registered address.
    Even if you are a minority of one, the truth is the truth.
  • Coupon-mad
    Coupon-mad Posts: 151,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    OK - sorry - I take it back that this is a NTH case because no hirer has been nominated (I mistakenly thought the vehicle was leased and the lease firm had named your company).

    OK so POPLA appeal by the company using the usual stuff provided for you in the NEWBIES thread for POPLA stage, starting with no keeper liability because no NTK was sent, only a reminder, as LDast said:
    flyer said:
    Coupon-mad said:
    The company appeals.
    On what grounds?
    On the grounds that a company cannot be the driver. Only the driver is liable unless the NtK is fully compliant with all the requirements of PoFA. You, on behalf of the company, are appealing and explaining that the company cannot have been the driver. It is the operators burden to prove who was driving and no assumptions or inferences can be made.
    As above was my advice to you but that was 3 weeks ago.  POPLA Codes only last a month so does the company have a working POPLA Code?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flyer
    flyer Posts: 2,286 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OK - sorry - I take it back that this is a NTH case because no hirer has been nominated (I mistakenly thought the vehicle was leased and the lease firm had named your company).

    OK so POPLA appeal by the company using the usual stuff provided for you in the NEWBIES thread for POPLA stage, starting with no keeper liability because no NTK was sent, only a reminder, as LDast said:
    flyer said:
    Coupon-mad said:
    The company appeals.
    On what grounds?
    On the grounds that a company cannot be the driver. Only the driver is liable unless the NtK is fully compliant with all the requirements of PoFA. You, on behalf of the company, are appealing and explaining that the company cannot have been the driver. It is the operators burden to prove who was driving and no assumptions or inferences can be made.
    As above was my advice to you but that was 3 weeks ago.  POPLA Codes only last a month so does the company have a working POPLA Code?
    So I am appealing?
    Even if you are a minority of one, the truth is the truth.
  • Coupon-mad
    Coupon-mad Posts: 151,785 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My quoted post already says exactly who is to appeal but the company's POPLA Code is possibly expired. Only you know that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flyer
    flyer Posts: 2,286 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    My quoted post already says exactly who is to appeal but the company's POPLA Code is possibly expired. Only you know that.
    The POPLA code was issued on 14th October.
    Even if you are a minority of one, the truth is the truth.
  • Le_Kirk
    Le_Kirk Posts: 24,549 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    flyer said:
    My quoted post already says exactly who is to appeal but the company's POPLA Code is possibly expired. Only you know that.
    The POPLA code was issued on 14th October.
    They last 33 days, so probably still valid.
  • flyer
    flyer Posts: 2,286 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So this is my draft POPLA appeal. Any good?

    On 30th September, we informed Premier Parking that we are the vehicle’s owner and keeper

    We also pointed out that no PCN or NTK was ever issued and asked them to confirm that it cannot and does not hold XXX (company name) liable for this parking charge and that this is now purely a matter between Premier Park Ltd and the driver.

    On 14th October Premier Park emailed rejecting our appeal, even though we had not made an appeal.

    On 17th October, we wrote to Premier Parking stating that, as they have forfeited their right to keeper liability, could they please confirm that they shall now cancel this charge? We have had no response to this letter.

    Even if you are a minority of one, the truth is the truth.
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