Popla Appeal Advice within Grace period.

chuck321

Thanks I would change but I am not allowed. 

chuck321

FYI The POPLA appeal was successful. On these grounds if anyone is interested. 

“Parking operators must follow certain rules including warning the registered keeper that they will be liable for the charge if the parking operator is not provided with the name and address of the driver. I can see but the PCN does not have the correct POFA wording and doesn’t mention POFA or has the correct POFA information on to transfer the liability to the keeper if the name of the driver is not located as in this case. Furthermore, the PCN was issued outside the 14 day timescale. The appellant has appealed to the operator and POPLA and there has been no driver liability divulged. As the appellant is not liable for this PCN, I must allow this appeal. As the operator have not been able to transfer liability to the keeper I have to allow the appeal as they have not met the conditions of POFA.”

1505grandad

chuck321 said:

FYI The POPLA appeal was successful. On these grounds if anyone is interested. 

“Parking operators must follow certain rules including warning the registered keeper that they will be liable for the charge if the parking operator is not provided with the name and address of the driver. I can see but the PCN does not have the correct POFA wording and doesn’t mention POFA or has the correct POFA information on to transfer the liability to the keeper if the name of the driver is not located as in this case. Furthermore, the PCN was issued outside the 14 day timescale. The appellant has appealed to the operator and POPLA and there has been no driver liability divulged. As the appellant is not liable for this PCN, I must allow this appeal. As the operator have not been able to transfer liability to the keeper I have to allow the appeal as they have not met the conditions of POFA.”

Well done but:-

That's strange  -  according to your opening post you only appealed using wrong grace/consideration periods as stated by subsequent posters. So POPLA decided on grounds not in the appeal?

chuck321

Yes that is correct. The appeal was successful on grounds I did not explicitly make in my appeal. It also said that they didn’t need to consider the timings because the transfer of liability problems and the 14 days notice issue were enough reasons to reject the PCN, 

Coupon-mad

Quite right - a correct POPLA decision.

Congrats!

chuck321

So lesson is - never say you were the driver. 

Coupon-mad

Indeed.

We've known this basic rule for a decade and it's what the NEWBIES thread says!