**WON!!** Britpark PCN invalid?

[ostell]

Re: Britpark PCN invalid?

You concur with their statement that they are not relying on POFA but query why they are trying to claim from the keeper when they should be contacting the driver, who was not the registered keeper.

Foot, Shoot methinks.

[UncleMax]

Re: Britpark PCN invalid?

I don't know enough about the law underpinning this/or their actions to say i concur, but if i did, then yes - you are right.
what i can say with certainty is the BPA is explicit in what timeline should be followed (see my post of app E above) - "You must deliver letter to keeper with 14 DAYS after the issue event occured" - their emphasis in bold, my own underlined. My understanding is that the relevant legislation is equally explicit, so now don't know whether Britpark are "gaming the rules" or ....

So, question is - anything to add to the POPLA appeal based on viewing their case file, or just sit it out and wait now?

[mystery1]

Re: Britpark PCN invalid?

You have 2 options.

1. Do nothing and win.

2. Respond to the evidence and point out the rather alarming stupidity of the letter, and win.

If you were able to bet on the result it would look like the match was fixed so you'd win !

M1

[Celestine]

Re: Britpark PCN invalid?

Hmmmm tricky

[mystery1]

Re: Britpark PCN invalid?

Hmmmm tricky

They'd have been better conceding and saving £27.

M1

[UncleMax]

Re: Britpark PCN invalid?

ok - I'm currently considering my best route to victory :-), but as a person who puts great value on doing the least possible....

many thanks.

p.s. is £27 their cost of using POPLA (win or lose)?

[mystery1]

Re: Britpark PCN invalid?

Correct.

M1

[ostell]

Re: Britpark PCN invalid?

what i can say with certainty is the BPA is explicit in what timeline should be followed (see my post of app E above) - "You must deliver letter to keeper with 14 DAYS after the issue event occured"

The 14 days is a requirement of POFA, nothing to do with the BPA, that they must adhere to to hold the keeper liable. They haven't followed the requirements of POFA, they have stated they are not following POFA therefore they cannot hold the keeper liable.

[mystery1]

Re: Britpark PCN invalid?

The 14 days is a requirement of POFA, nothing to do with the BPA, that they must adhere to to hold the keeper liable. They haven't followed the requirements of POFA, they have stated they are not following POFA therefore they cannot hold the keeper liable.

Indeed however it is in the COP at 21.7

Not making use of Keeper Liability provisions
21.6 To give drivers early notice of your claim, you should
apply to the DVLA for the keeper details promptly.
Usually this would be applying to the DVLA no more
than 28 days after the unauthorised parking event.
21.7 You must post the parking charge notice to the keeper
as soon as possible. Your target is to send the parking
charge notice to the keeper of the vehicle no more than
14 days after receiving the keeper data from the DVLA.
21.8 Your letter to the keeper should point out the details of
the unauthorised parking event and ask for payment or
request details of the driver. If you are not making use
of the keeper liability provisions of POFA or you are
unable to achieve the deadlines specified therein, your
letter must not reference POFA or state that the keeper
is liable.

M1

[UncleMax]

Re: Britpark PCN invalid?

Ok. one observation - in their statement, they make no reference to when the keeper data was received from DVLA. this could be relevant, or not + depends how they define "target".
p.s. will def. wait for POPLA appeal before considering any sort of celebration....

[mystery1]

Re: Britpark PCN invalid?

Ok. one observation - in their statement, they make no reference to when the keeper data was received from DVLA. this could be relevant, or not + depends how they define "target".
p.s. will def. wait for POPLA appeal before considering any sort of celebration....

Don't worry about any conversation about x,y or z you have won, it's just not official yet.

M1

[UncleMax]

Re: Britpark PCN invalid?

A bit of a wait from POPLA - but we won! Time for a Guinness i reckon!! #stpatricksday

Now debating whether to refer this decision to the BPA - i reckon it could be anything up to a level 5 sanction for BritPark
http://www.britishparking.co.uk/writ..._Sanctions.pdf

Thank you all for your help on this - much appreciated.