** success ** Luton Airport BP Garage

[charitynjw]

sorry what did you edit? I already submitted the appeal before you mentioned editing something, would that affect the appeal?

Lol, not really.
Post #26.....I had put 'registered keeper'
ostell corrected me.....should have been hirer/keeper.

(I blame the drink, meself!)

[andyc128212]

ah phew thanks I wont hold that against you

[andyc128212]

Can I also ask, the rental company have charged my credit card £35 for this too. It sounds like this isn't OK and I'd like to get that back too. I'm trying to get a copy of the rental agreement but they're being really difficult. Trying to help but just saying in the branch they cant obtain copies of these. I guess I need the agreement to start with right?

[ostell]

It isn't OK, the terms probably say something like a charge for handing penalties and fines. This was just an invoice and nothing else.

Before you really have a go at the rental company wait until you are successful against the parking company. It puts you on a higher level.

Have you seen this today?

[andyc128212]

sounds good to me I just had an email from the branch to say they are getting the agreement soon too so I should have that.

[ostell]

It's probably an amended updated one so check it thoroughly

[andyc128212]

ah I wish I'd kept the original but never do, I'll keep them in future... I've received the agreement, no idea if its edited or anything but it does mention liability for PCN's etc at the bottom. I'll add it here for now and then I guess pick your brains on it once I've heard from the parking fine people, if they contact me.

[andyc128212]

[ostell]

Yep it looks as though they have supplied a form that mentions Parking Charge Notices. Unfortunate. But if you can get that PCN cancelled then you can start on them.

[andyc128212]

okey doke, should I hear back on that? or might they drop it and just not contact me again? The appeal did say I'd hear back but I don't know if they have to contact me with an answer?

[ostell]

Yes, they have to contact you, or should contact you. You will get a POPLA code so appeal to POPLA and you should win.

[andyc128212]

Morning all, I now have my rejection email and also a POPLA code, can I ask your advice on the best way to escalate the appeal please? thanks again

[ostell]

So you appeal to POPLA citing all the failures to comply with the requirements of POFA to be able to claim keeper liability.

The first is that the original Notice to Keeper to the hire company was outside of the relevant period of 14 days and therefore there could be no keeper liability.

Secondly they failed to comply with the requirements of POFA in that there was no supporting documentation included with the Notice to Hirer that is required under para 14 of POFA

Add in any other POFA fails.

Question their authority and ask for a copy of their contract to show their authority, not a witness statement saying that a contract exists.

Some of the references are in my post #12

[andyc128212]

Hi Ostell, I've been away so am getting this submitted now. So far I've written the below but I just wanted to ask about the 'question their authority' point, do I need to add a line to question MET parking's authority in the POPLA appeal? I just want to be sure I word this one correctly, thanks

-----------

Hello,

I am appealing this PCN for a couple of reasons; firstly the original Notice to Keeper to the hire company was outside of the relevant period of 14 days and therefore there could be no keeper liability.

Secondly MET parking failed to comply with the requirements of POFA in that there was no supporting documentation included with the Notice to Hirer that is required under para 14 of POFA.

[charitynjw]

I would add something like

"In the surprising possibility that you should reject my representation, please supply the following so that I may assess my legal position &/or take legal advice.

• A true copy of your company's agreement with the landowner. If the agreement is not with the landowner, then please supply all relevant agreements which form a chain of authority.
• A true copy of your company's agreement with DVLA."