Britannia admitting they aren’t POFA Compliant??

DWesrey

Hi all, I am contesting a parking charge and it was one of those vague template ones from Britannia, so I appealed on the grounds it was not PoFA-worded.

They have responded back to say it is indeed not compliant, but they can still pursue the parking charge under the old rules? Seems like a load of rubbish to me but I don’t know enough about how it works.

What’s the next step to take, here?

Thanks!

ChirpyChicken

ignore the fishing letter

Car1980

It's a bluff. The onus is on them to prove who the driver was.

There is no legal obligation for insurance documents to be handed over by the defendant as it could be prejudicial, which is not how civil justice works. They're not the police.

akm2018

That redaction hasn't really worked @Car1980

DWesrey

This is exactly what I thought right? The driver could be anyone, insured or otherwise. It’s just a scare tactic right?

So what’s the next step, do I call their bluff and say give me a POPLA code or cancel it? I guess I could say case law shows this was thrown out barely 3 weeks ago.

Did you have to go to court over it? How come POPLA didn’t shut it down first?

DrLex

Also, it’s pretty standard for a car insurance policy to cover the insured on other vehicles (subject to the vehicle itself having valid insurance), so the terms of the keeper’s policy isn’t the “gotcha” that Britannia are claiming, as the driver would be utilising their own, undisclosed policy.

DWesrey

https://forums.moneysavingexpert.com/discussion/comment/82045925#Comment_82045925

Exactly - with the policyholder’s permission, literally almost anybody could drive the car

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82045931#Comment_82045931

There was a funny thread on Reddit where someone had received a request from a parking company for a list of 'authorised' drivers as per their insurance. The OP requested anyone who had insurance to drive other vehicles to stick their name up in a post. I think when they submitted the list it had over 900 potential drivers on there - discontinued soon after.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82045921#Comment_82045921

Not my document. No redaction s actually necessary anyway.

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82045922#Comment_82045922

It was someone else on another thread the other day.

It's just to illustrate they would have to provide evidence.

But I would just go to Popla and appeal under no liability for the charge as they have provided no evidence as to who was driving. Submit the judgment at Popla just to see what they say. It's not binding, but persuasive as all initial judgments are.

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82045951#Comment_82045951

I'd love to see that if you could dig out a link!