POPLA appeal - company car PCN NTK

fresh_air_sunshine

Hello! Thanks to the amazing help on this forum, I have had success appealing an unfair parking charge once before (albeit under different circumstances). However, this time around, even the Edna Basher template was unsuccessful... If anyone can help me, I'd be so grateful!
 
I have received a PCN Notice to Keeper for a company car (owned by our company). It was parked on a Civil Enforcement car park outside my husband's gym. You have to submit your registration number on a tablet inside the gym and he forgot to do it on this occasion. He was parked there for 50 minutes on 6 December 24. The PCN was received on 12 December 24. I appealed as the Keeper (within the timeframe given) and did not disclose who the driver was. Civl Enforcement have replied saying the following (I can't yet post any photos as new member of this forum):

We have no record of a payment made for the above vehicle registration on the day in question. Also, we have no record of the above vehicle being registered to be exempt from the parking restrictions in place on the day in question.

There are many clear and visible signs displayed on the site advising drivers of the regulations in force and we maintain a continuous log confirming that the signage remains in place.

Please find attached your photographic evidence as requested.

This ticket was issued within 14 days of the incident date and we are fully compliant with the

requirements of Schedule 4 of the Protection of Freedoms Act 2012.

Under POFA 2012, if you fail to provide the full, correct name of the driver and their current address for service you may become liable for the full amount due as the Registered Keeper of the above vehicle. 

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They have provided a POPLA verification code. 

Should I appeal this with POPLA, or pay the fine? I have read lots of different threads on here, but am not sure what the next step should be or how to phrase an appeal. If anyone has any advice, I am all ears!  

Coupon-mad

What fine?!

The appeal hasn't failed. It wins at POPLA. Literally copy any NTH POFA POPLA APPEAL when you search for those words.

So easy!

Please make a note to remove 'appeal failed' from your thread title when you've made more posts and can edit your posts.

Nellymoser

MPs and campaigners are calling for statutory regulation for the private parking industry as the present voluntary measures are failing to protect motorists.

https://forums.moneysavingexpert.com/discussion/comment/81193608/#Comment_81193608

Please join the motorists call by signing/share this petition demanding the re-launch of a Govt-backed Parking Code of Practice. 🙏

https://petition.parliament.uk/petitions/701453

fresh_air_sunshine

Thank you so much for getting back to me! I've searched through the many threads on this, but genuinely feel overwhelmed - there is so much out there and I'm not confident which of the many options/ responses corresponds to my case... I have been able to add the CE response to my original NTK appeal. Is this helpful?





Am I appealing to POPLA on the grounds that CE are unable to identify the driver and cannot pass liability for the fine on to the company? Or is there something else I am missing? If you have time to share a direct link to the right type of appeal template, I'd be so grateful. Everyone on here is so knowledgeable and I can only imagine how frustrating it is when newbies (like me!) pop up with such simple questions! I do appreciate your patience  

p.s. I will edit the title of my original post as soon as I'm able! Thank you!

fresh_air_sunshine

Here is page 1 of the original PCN Notice to Keeper, if helpful!

tincombe

I'm new to this forum but not without some experience.

This seems to be just a straightforward PCN to the registered keeper of the vehicle which, in this case, is 'your company'. Pl confirm that it is addressed to a company and that you are an officer of the company authorised to deal with company matters - this should be the case otherwise CEL should have disregarded any 'appeal' to them because it was not submitted by the addressee on the PCN Notice to Keeper. It's essential to review the other page(s) of the NTK because on its face it's not compliant with the law which enables the creditor to hold the keeper liable.  

fresh_air_sunshine

Apologies! Please find page 2 of the NTK attached @tincombe

Thank you for looking at this for me!

fresh_air_sunshine

Apologies - the image didn't post correctly the first time

fresh_air_sunshine

To confirm - I am the officer of the company authorised to deal with company matters

Coupon-mad

That is a POFA compliant notice.

I have already given you the exact key to find several perfect NTH appeals to copy from but I don't think you have realised.  I repeat:

Copy any NTH POFA POPLA APPEAL when you search for those words.

The above is much better than me giving you one single link!  We won't do the search for you as that defeats the object.

All will be revealed in your results.

ALWAYS change the filter to NEWEST. Never stick with the default 'Best Match' search result which is appallingly bad.

tincombe

@Coupon-mad, what's a NTH in this context?