Hire Car - Appeal for Missing Documents?

Aurelient1 · 8 June 2017 at 6:59PM

Just coming back with some news.
So I have appealed and here is their answer:

"Your appeal has been rejected on the basis that the maximum time allowed was exceeded."

I should go to POPLA right?

Umkomaas · 8 June 2017 at 8:22PM

Aurelient1 wrote: »

Just coming back with some news.
So I have appealed and here is their answer:

"Your appeal has been rejected on the basis that the maximum time allowed was exceeded."

I should go to POPLA right?

Have you been given a POPLA code?

Aurelient1 · 8 June 2017 at 8:59PM

Yes.

I believe I need to start a new appeal on POPLA under "Other" section?
And appeal on the fact I have never received the documents needed under Section 13-2?

Umkomaas · 8 June 2017 at 9:05PM

Aurelient1 wrote: »

Yes.

I believe I need to start a new appeal on POPLA under "Other" section?
And appeal on the fact I have never received the documents needed under Section 13-2?

If you've got a POPLA code, then use it. 13-2 is important, but you're going to have to appeal on much more than:

And appeal on the fact I have never received the documents needed under Section 13-2?[

Please read the NEWBIES FAQ sticky, post #3 which gives you a number of pre-written appeal points that have won at POPLA. Show us your draft for critique and fine tuning. Do not miss your POPLA deadline - PE are very quick to sue.

Edna_Basher · 8 June 2017 at 9:40PM

Hi Aurelient1

I can't see that you've confirmed which PPC issued the PCN. We've all assumed that it's ParkingEye - if so, here's some suggested wording for the first point in your POPLA appeal (i.e. non-compliance with POFA).

1) ParkingEye has failed to meet the strict requirements of Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”)

In order to be able to rely upon POFA to claim unpaid parking charges from a vehicle’s hirer, a private parking company must deliver a Notice to Hirer that fully meets the strict requirements of Schedule 4 of POFA.

ParkingEye’s Parking Charge Notice (“PCN”) issued to me on [Date of Issue of PCN] failed to comply with these strict requirements and ParkingEye has therefore forfeited any right to hold me liable for this PCN in my capacity as the vehicle’s hirer.

The relevant provisions concerning hire vehicles are set out in Paragraphs 13 and 14 of Schedule 4 of POFA, with Paragraph 14 setting out the conditions that the Creditor must meet in order to be able to hold the hirer liable for an unpaid parking charge.

Paragraph 14 (2) (a) specifies that in addition to delivering a Notice to Hirer within the relevant period, the Creditor must also provide the hirer with a copy of the documents mentioned in paragraph 13(2) (i.e. a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; b) a copy of the hire agreement; and c) a copy of a statement of liability signed by the hirer under that hire agreement), together with a copy of the Notice to Keeper (i.e. the notice that had originally been sent to the lease company (as registered keeper)).

ParkingEye did not provide me with copies of any of these documents.

Furthermore, ParkingEye has failed to comply with Paragraph 14 (5) of Schedule 4, specifically Paragraph 14 (5) (b) which requires that the Notice to Hirer must refer the hirer to the information contained in the Notice to Keeper. ParkingEye’s Notice to Hirer refers the hirer only to the Notice to Keeper itself, not to the information contained in the Notice to Keeper. This is a fundamental omission, especially given that ParkingEye did not provide me with a copy of the Notice to Keeper as required under Paragraph 14 (2) (a). Consequently, ParkingEye failed to provide me with much of the information that was required to be included in the Notice to Keeper under Paragraph 9 (2).

I refer to previous POPLA Case Refs.6060986078 and 6061027318 (amongst others) in which POPLA determined that PCNs issued by ParkingEye to vehicle hirers are not compliant as a Notice to Hirer for the purpose of POFA.

For this reason alone, POPLA may reasonably determine that ParkingEye has no valid claim against me and that my appeal should therefore be allowed.

Redx · 8 June 2017 at 9:52PM

Aurelient1 wrote: »

Yes.

I believe I need to start a new appeal on POPLA under "Other" section?
And appeal on the fact I have never received the documents needed under Section 13-2?

no

you draft your appeal in word, then when its complete and verified you save it as a pdf

then you UPLOAD this pdf using the bin icon from "other"

so you do the work on your laptop or pc, and then upload it when its finalised and ready for submission (until then you dont go near the popla portal)

the lack of documents is just one of several legal appeal points you should use

Aurelient1 · 8 June 2017 at 10:34PM

Thanks all for the help. It's very much appreciated

Redx wrote: »

the lack of documents is just one of several legal appeal points you should use

Unfortunately I do not see any other legal appeal points I could use apart from the lack of documents.

Redx · 8 June 2017 at 10:44PM

Aurelient1 wrote: »

Thanks all for the help. It's very much appreciated

Unfortunately I do not see any other legal appeal points I could use apart from the lack of documents.

then you have not studied post #3 of the NEWBIES sticky thread

other points include the following

POOR OR INADEQUATE SIGNAGE
SIGNAGE THAT FAILS THE BPA CoP
NO LANDOWNER CONTRACT (NO LOCUS STANDII)
BPA CoP failures
NTK failures

etc , etc

edna basher stated YOUR FIRST POINT , not your ONLY point

Aurelient1 · 8 June 2017 at 10:57PM

Redx wrote: »

other points include the following
POOR OR INADEQUATE SIGNAGE
SIGNAGE THAT FAILS THE BPA CoP
NO LANDOWNER CONTRACT (NO LOCUS STANDII)
BPA CoP failures
NTK failures

I would like to use these, I even had a look at all the other options when first appealing directly to the parking company. But here is the thing: they have covered every possible angles for people not to appeal on these.

I will read some POPLA on this forum this weekend. One question though: I have seen in the main topic called POPLA Decisions that there are some numbers referring to declined or accepted decisions. I thought it was the number of the page where the full POPLA where stored but it doesn't seem so. Could you please let me know what they refer to?
I am not sure to have found an explication on these digits anywhere but I might be a bit blind tonight
:A

Coupon-mad · 8 June 2017 at 10:59PM

Please show us your draft, which uses Edna Basher's #1 (if it's ParkingEye) and then the usual template POPLA appeal points already written for you (linked in post #3 of the NEWBIES thread) with your second point being the one about: 'no evidence that the appellant is the individual liable' then (#3) signage, then (#4) landowner authority.

Quite easy to piece together, we've given you the wording so you don'even have to write it, just build it together like all the other POPLA appellants here do, having never done so before.

Aurelient1 wrote: »

Unfortunately I do not see any other legal appeal points I could use apart from the lack of documents.

Then you haven't read & understood post #3 of the NEWBIES thread. I even told you which ones to use and in what order...!

they have covered every possible angles for people not to appeal on these

Hahahahahahahaha!

You are a HIRER/LESSEE and you can't be held liable, you have a slam-dunk WINNING POPLA appeal, and yet you say that?!

Hire Car - Appeal for Missing Documents?

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