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  • FIRST POST
    • deegee72
    • By deegee72 8th May 18, 3:30 PM
    • 1Posts
    • 7Thanks
    deegee72
    2 Successes in last 60 days
    • #1
    • 8th May 18, 3:30 PM
    2 Successes in last 60 days 8th May 18 at 3:30 PM
    Had 2 PCN's cancelled in last 60 days, one for wife and one for brother in law - both using advice off this forum (a big thanks to all contributors).

    First one went to POPLA:

    TPS Parking

    Decision
    Successful

    Assessor Name
    Lauren Bailey

    Assessor summary of operator case
    The operator’s case is that the appellant was not authorised to park.

    Assessor summary of your case
    The appellant’s case is that the operator failed to meet the requirements of the Protection of Freedoms Act 2012.

    Assessor supporting rational for decision

    The appellant has not declared the name of the driver. Therefore, I must ensure that the operator has issued the parking charge in accordance with the provisions set out in the Protection of Freedoms Act 2012 (PoFA 2012). PoFA 2012. Schedule 4 paragraph 14 (1) of PoFA 2012 states that: “If – (a) The creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and (b) The conditions mentioned in sub-paragraph (2) below are met, The creditor may recover those charges (so far as they remain unpaid) from the hirer.” It then goes on to state under paragraph 14 (2) that: “The conditions are that – (a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper” The documents mentioned in paragraph 13(2), referred to in the above excerpt, are: “(2) … (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” I have reviewed the evidence provided by the operator. I cannot see a copy of 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, a copy of the hire agreement, or a copy of a statement of liability signed by the hirer under that hire agreement. As these documents have not been provided to me in the body of evidence supplied by the operator, I am not able to consider that they have been provided to the appellant in accordance with the provisions set out in PoFA 2012. As a result, I am not satisfied that the provisions set out in PoFA 2012 have been met for the purposes of transferring liability for unpaid parking charges from the keeper to the hirer of the vehicle. I appreciate that the operator considers that the appellant’s appeal stopped the correct process; however, to be able to transfer liability to the appellant, the operator was required to follow the process set out in PoFA 2012. I note that the appellant has raised further grounds for appeal, however as I have allowed the appeal on this basis, I have disregarded them. Accordingly, this appeal must be allowed.

    Not following PoFA regulations (tut tut tut). They tried to put up a defense saying i hadn't followed their "correct process", but ultimately, they lost and I won.

    Second for brother in law was with Highview Parking whose NtK looked like it had been written by a 3 year old, and got cancelled at 1st appeal - no need for POPLA.

    My advice, dont pay, dont name the driver, fight all the way.
Page 1
    • Coupon-mad
    • By Coupon-mad 8th May 18, 3:48 PM
    • 61,584 Posts
    • 74,472 Thanks
    Coupon-mad
    • #2
    • 8th May 18, 3:48 PM
    • #2
    • 8th May 18, 3:48 PM
    Jolly good, thanks for confirming the advice works - and well done to you!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • DollyKx
    • By DollyKx 17th May 18, 12:58 PM
    • 1 Posts
    • 0 Thanks
    DollyKx
    • #3
    • 17th May 18, 12:58 PM
    • #3
    • 17th May 18, 12:58 PM
    Sorry need your help... I have been staring at this page for a while now...
    Where is the 'NEWBIES' FAQ's?
    • Redx
    • By Redx 17th May 18, 1:12 PM
    • 19,243 Posts
    • 24,458 Thanks
    Redx
    • #4
    • 17th May 18, 1:12 PM
    • #4
    • 17th May 18, 1:12 PM
    top of this forum, second thread down normally

    please go there and read it , then start your own new thread if needs be , using the red NEW THREAD button , top left of this forum
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 18th May 18, 1:18 AM
    • 61,584 Posts
    • 74,472 Thanks
    Coupon-mad
    • #5
    • 18th May 18, 1:18 AM
    • #5
    • 18th May 18, 1:18 AM
    Sorry need your help... I have been staring at this page for a while now...
    Where is the 'NEWBIES' FAQ's?
    Originally posted by DollyKx
    You missed the coloured writing under my posts? You replied RIGHT UNDER THE WORDS.

    Look at the words below, that tell all newbies where to click to find the NEWBIES thread...

    Right in front of you all along.


    Look now below!

    I don't have this colourful signature for fun.
    Last edited by Coupon-mad; 18-05-2018 at 1:20 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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