Gemini Challenge - private road - won

[mystery1]

Re: Gemini Challenge - private road

I'll deal with it later this week.

M1

[foodushe]

Re: Gemini Challenge - private road

M1 - thanks very much :-)

I should have said - I've been told I've got 7 days, which I think means Monday at the latest, so that is brill if you have time!

[mystery1]

Re: Gemini Challenge - private road

I would like to respond to the operators evidence as follows :-

The notice to driver and notice to keeper reference different areas. One says " off waterden road" whilst the other states "waterden road" PoFA requires at 7 2a that the relevant land is specified on the notice to driver. This information must be repeated on the notice to keeper as per 8 2 c and 8 2 a also requires the relevant land be specified. These conditions have not been met and cannot be said to have been wen the description of the land differs.

The operator claims they do not know where this information comes from as i did not specify where the requirements come from yet they reference the protection of freedoms act themselves. In any event this does not invalidate the statutory requirements.


The operator has evidenced no authority or contract at all.

The signage is not clear and there appears to be no entrance signs, The driver must see an entrance sign whilst driving. The signage is not clear.

M1

[foodushe]

Re: Gemini Challenge - private road

Thanks v much indeed, M1!

This is what I've submitted:

I would like to respond to the operator's evidence as follows:

Re: "I refer to point 1: Keeper liability"

I was referring to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 (Recovery of unpaid parking charges).

The operator claims they do not know where this information comes from as I did not specify where the requirements come from yet they reference the protection of freedoms act themselves. In any event this does not invalidate the statutory requirements.

The notice to driver and notice to keeper reference different areas. One says "off waterden road" whilst the other states "waterden road". PoFA requires at 7 2a that the relevant land is specified on the notice to driver. This information must be repeated on the notice to keeper as per 8 2 c and 8 2 a also requires the relevant land be specified. These conditions have not been met and cannot be said to have been when the description of the land differs.


Re: "I refer to point 2: No standing"

The operator has evidenced no authority or contract at all. No agreement was attached to the email I received and no reference was made to an external document.


Re: "I refer to point 3: Signage"

The signage is not clear and there appears to be no entrance signs. The driver must see an entrance sign whilst driving. No entrance sign is evidenced by the operator.

Further, it can be seen in the photograph of the front of the car provided by the operator that the parking sign in the background is angled towards the camera and is therefore not facing the road and cannot be clear to a driver whilst driving. The only entrance to the road is behind the sign, meaning it could not be read by a driver who had just entered the road.

[foodushe]

Re: Gemini Challenge - private road

Hi M1, hi All,

I've just received the result of my POPLA appeal - it was a success. Thanks once again for all the help I've received here.

Here is the verbatim text from the appeal decision:

Assessor summary of your case:
The appellant has raised a number of grounds for appeal. The first is that liability has not been transferred to him as the registered keeper of the vehicle, as the provisions of the Protection of Freedoms Act 2012 have not been complied with. The appellant also states that the operator does not have authority of the landowner to carry out parking management, and additionally, the signage on site is insufficient.

Assessor supporting rational for decision:
The appellant has raised several grounds for appeal. However, my findings will focus on the provisions of the Protection of Freedoms Act 2012 (PoFA 2012), as this ground has persuaded me to allow the appeal. The appellant has raised an appeal as the registered keeper of the vehicle, and has declined to identify the driver of the vehicle. As such, the provisions of PoFA 2012 apply. The operator has supplied a copy of the notice sent to the registered keeper of the vehicle. I have reviewed this, and I am not satisfied that it is compliant with Schedule 4 paragraph 8(f) of PoFA 2012. As such, I cannot conclude that liability for the Parking Charge Notice has been transferred to the keeper of the vehicle. Accordingly, I must allow the appeal. I have not considered any other grounds for appeal as they do not have any bearing on my decision.