CarParker Charge

Fixtrot220

Afternoon all,

I'm have received a parking charge notice recently, appealed and unfortunately lost - which after reading the newbies section expected too.

However, I have now received a further charge notice from them to pay 60 or 100 after a set amount of days.

As much as a really am reluctant to pay, for piece of mind I'm tempted to  .

I have now been given a Popla code to appeal further if I see fit or decide to.

'Facts' of case:

-PCN arrived through post - on time
‐ I am the keeper of said vehicle under a buisness name
- I have not acknowledged driving the vehicle during the time in question during the first appeal with carparkers.
- The car park appears to be privately owned with no means of appealing as step A in newbie section
- I have informed them I have spoken to driver but not forward any further personnel details or switch liability.
- informed them that the payment machine was faulty at the time and would not take pound coin payments (no other way to pay or report fault) which includes 2 witness statements from individuals in the car park (was a work night out)

Finally,

With that said, do you feel I can build a big enough appeal with Popla to get me off?

Look forward to chatting soon!

Gr1pr

Chances are that they failed to comply with POFA, especially with hire or lease vehicles 

Companies cannot be the driver, so no blabbing about who was driving 

Stick a suitable popla appeal in 

This isn't about getting people off, its about liability and enforceability, or lack of 

Fixtrot220

Gr1pr said:

Chances are that they failed to comply with POFA, especially with hire or lease vehicles 

Companies cannot be the driver, so no blabbing about who was driving 

Stick a suitable popla appeal in 

This isn't about getting people off, its about liability and enforceability, or lack of 

This is the protection of freedom act I assume?

My worry is not getting enough detail in the popla appeal and it being dismissed.....what is the success rate of appeals to these people?

Coupon-mad

It doesn't matter. You won't be paying even if you lose the farcical appeal.

Is the vehicle owned by the company and their name is on the V5C or did a PCN first go to a lease firm who then named the company?

Don't show us the NTK.

Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.  POFA or not?

Fixtrot220

Coupon-mad said:

It doesn't matter. You won't be paying even if you lose the farcical appeal.

Is the vehicle owned by the company and their name is on the V5C or did a PCN first go to a lease firm who then named the company?

Don't show us the NTK.

Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.  POFA or not?

Thanks for reply.

The car is not a owned by a lease firm, it is under a company name, with me as the keeper ‐ in other words the v5c is in my name as a keeper and buisness name sub heading

The letter was sent directed to me, via the buisness address.

Does this alter the appeal letter?

Coupon-mad

OK, and the answer to this question?

Don't show us the NTK.
Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.

POFA or not?

Fixtrot220

Coupon-mad said:

OK, and the answer to this question?

Don't show us the NTK.
Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.

POFA or not?

I don't really understand what the question is?

Gr1pr

Fixtrot220 said:

Coupon-mad said:

OK, and the answer to this question?

Don't show us the NTK.
Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.

POFA or not?

I don't really understand what the question is?

It means 

Does the PCN that arrived in the post comply with the terms and conditions in POFA 2012 in order that the keeper is liable for the charge. ?   Both you and I mentioned it in the first 2 replies, you even wrote the name in full. !

Check the NTK letter against the details in the law and also compare the dates and wording on the letter to the examples in the NTK examples thread by coupon mad ?

Or is it non compliant with that 2012 law. ?

Either it is compliant with POFA, or its not compliant ?  So Which is it. ?

In simple terms, a private parking company has posted an invoice and you received it and are dealing with it.
Either you do have legal liability due to the contents of the invoice, or you don't have any legal liability 

Your queries about success rates are not relevant to the appeal to Popla, they sidetrack you,
Popla appeals are based on several core principles 

No landowner authority 
POFA 2012 issues after checking the paperwork first for timescales and wording etc
Transfer of liability from the driver to the keeper if POFA was complied with. ?
Or ,  No keeper liability if they failed POFA compliance 
Poor and inadequate signage 
BPA CoP failures ?

Etc

Coupon-mad

Fixtrot220 said:

Coupon-mad said:

OK, and the answer to this question?

Don't show us the NTK.
Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.

POFA or not?

I don't really understand what the question is?

To rephrase it:

...when you went to the NEWBIES FAQS thread and compared your NTK to the 'NTK pictures' thread you saw linked there ... what did you conclude regarding POFA compliance (given the latter thread tells you which ones are and are not capable of keeper liability and all the pictures are there to stop people showing us the same old NTKs like they are new, and asking us to do the wording comparison)?

Fixtrot220

Coupon-mad said:

Fixtrot220 said:

Coupon-mad said:

OK, and the answer to this question?

Don't show us the NTK.
Just compare it to the 'NTK pictures' thread you saw linked when you read the NEWBIES FAQS thread.

POFA or not?

I don't really understand what the question is?

To rephrase it:

...when you went to the NEWBIES FAQS thread and compared your NTK to the 'NTK pictures' thread you saw linked there ... what did you conclude regarding POFA compliance (given the latter thread tells you which ones are and are not capable of keeper liability and all the pictures are there to stop people showing us the same old NTKs like they are new, and asking us to do the wording comparison)?

Hi all,

This is from Car Parkers and POFA compliant.

Fixtrot220

Does this mean I can't appeal or likely to be unsuccessful at the Poplar stage if they are POFA compliant?