EuroCarParks 14 day keeper liability POPLA appeal - burden of proof?

Eggberto

Hi all,

I know it says everywhere a million times that every possible question you can have is on the newbies thread but I read it several times and searched the forums here and elsewhere for days before resorting to this

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So the main basis of our ECP PCN appeal is that we don't think the letter arrived within 14 days, so there's no keeper liability. Now the PCN is dated only 6 days after the incident and we obviously have no way of proving when it was delivered. ECP just ignored the appeal and rejected it so it's time for POPLA.

So my question is whether anyone has had a similar experience at the POPLA stage RE who has the burden of proof as to when the letter was delivered? We do have very limited evidence in that our doorbell camera shows the postman coming 2 days after when the PCN was dated and they visit the neighbour but do not give us anything - but it doesn't capture the postman at all either of the other two postal days we have between then and the 14 day limit.

Many thanks for any help!

Car1980

Usually you can't prove non-delivery. It's like the Just Eat meme where the guy is posing with an empty plate and posing in a photograph on his doorstep, scratching his head.

But if you have a ring doorbell providing a link to the footage, you might as well upload it and give them the link. Leave it up to them and the POPLA bloke to zoom through the video showing the exciting non-event of no postman.

Eggberto

Oh yeah I've had that a few times with JustEat!

So do you know what POPLA do when there's no proof?
It seems unreasonable for them to insist you provide proof but if they just believe you then people could lie. And that would just be a 100% surefire hack to every postal PCN.

Coupon-mad

Doesn't matter. I never much bother with POPLA. It's irrelevant anyway.

Car1980

Eggberto said:

Oh yeah I've had that a few times with JustEat!

So do you know what POPLA do when there's no proof?
It seems unreasonable for them to insist you provide proof but if they just believe you then people could lie. And that would just be a 100% surefire hack to every postal PCN.

Side with the parking company probably. It's an unregulated load of nonsense.