IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Brittania Parking PCN

12467

Comments

  • Umkomaas
    Umkomaas Posts: 41,255
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    met6173 wrote: »
    If as I expect Britannia respond to say this wasnt issued under POFA 2012 I still have grounds to appeal due to the time line, yes?

    If they’re not pursuing the keeper under PoFA, the timeline argument is redundant.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961
    First Post First Anniversary Name Dropper
    Forumite
    If they say no pofa, then the keeper is not liable. Popla then uphold the appeal.
  • met6173
    met6173 Posts: 44 Forumite
    I'm confused now. Are you saying I now have no grounds to appeal as Britannia saying the NTK wasnt issued ubder POFA? Or that it must have been issued under POFA to pursue the keeper and therefore Britannia has issued the notice too late and the appeal should be upheld in my favour???
  • KeithP
    KeithP Posts: 37,427
    Name Dropper First Post First Anniversary
    Forumite
    Re-read post #33.

    It really can't be put much simpler.
  • nosferatu1001
    nosferatu1001 Posts: 12,961
    First Post First Anniversary Name Dropper
    Forumite
    Not sure how much simpler than: “popla uphold the appeall” you need this

    The only way to hold a keeper liable is pofa. If they state they dont use pofa - then the keeper isn’t liable. If they try to use pofa but don’t meet all the requirements - the Keeper isn’t liable. This isn’t difficult.
  • met6173
    met6173 Posts: 44 Forumite
    Hi, I lodged an appeal with Britannia using the process advised on the letter. I’ve received an automated response but was wondering how long they have to respond to either reject ( and give popla code) or accept? I assume like most things relating to pcn’s there is a specific time frame? Thanks
  • Umkomaas
    Umkomaas Posts: 41,255
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    met6173 wrote: »
    Hi, I lodged an appeal with Britannia using the process advised on the letter. I’ve received an automated response but was wondering how long they have to respond to either reject ( and give popla code) or accept? I assume like most things relating to pcn’s there is a specific time frame? Thanks

    14 days to acknowledge receipt (which they have done) and 35 days for a decision.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 41,255
    First Anniversary Name Dropper First Post Photogenic
    Forumite
    You need to start a new thread of your own, not jump in on someone else’s.

    In your new thread, please provide some clearer details - no need to panic on here, just give us a more rational run-down on where these tickets were issued.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • met6173
    met6173 Posts: 44 Forumite
    not suprisingly at the 11th hour Britannia turned down the appeal so I have started the POPLA appeal letter. Is it ok to post on here for people to advise?
  • Umkomaas wrote: »
    If they’re not pursuing the keeper under PoFA, the timeline argument is redundant.
    They're probably pursuing the "driver" then, after assuming that the RK was the driver on the date of the parking incident. In that case, POFA is indeed irrelevant and this is simply a potential small claims case. The PPC will huff and puff, and if they have not managed to adduce evidence identifying the driver by then, they will fail in court. POPLA used to be more predictable, but they should fail there, too...

    --Kirchenmaus
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.5K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607.1K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards