PPS POPLA rejected

[peter.k]

Back in Feb driver parked in front of a shop what was stated as "loading bay" with yellow stripes.
No signs were visible as it was late in the evening and dark. Nearest sign was over 20 feet away. Driver made an appeal to POPLA based on this, but received a rejection. Case and rejection reason attached.

Any feedback/suggestions of next steps would be appreciated.

Thank you

[des8]

So you either pay, or await the court claim which you defend.

You will need to obtain photographic evidence showing the inadequacies of the signage at the time of the event i.e. same lighting & weather conditions
What other lines of defence are available we can't say without more info:
- copy of PCN
-photo of signage wording
-has the driver been identified?

[peter.k]

Thank you DES8.
Driver was never identified.
Original PCN attached and signage.

[des8]

Great!
I'd certainly let it go to court.

That sign looks very confusing, and that Notice to Keeper does not comply with the conditions necessary to transfer liability for parking charges from driver to keeper.

When you receive further communications from PPS just post up on this thread

[peter.k]

thank you again. What is the process for this? My issue is that car is registered to wife who is disabled and wont be able to attend. Also, fine shows £100 now where before it was £60? thank you again

[des8]

Just to be clear, you have not received a fine. It is solely an invoice for a parking charge levied because of an alleged breach of the terms of an alleged contract to park.

I would expect PPS to write requesting payment, and after you ignore their letters they will probably turn the toothless debt collectors loose.
Some of the letters might even have large scary RED CAPITAL LETTERS which can be ignored

Eventually you will receive a court claim, which might come from a solicitor and this you should not ignore.
There will then be a defence to write, some court forms to complete.

The paperwork (with which we can help you) will be in your wife's name.
She is the registered Keeper, so as they do not know the identity of the driver it is your wife they will pursue.
However, because the PCN they have issued doesn't comply with conditions mandated by the legislation, they cannot transfer liability for parking charges from driver to her, the keeper.

So I would expect after a lot of "toing" and "froing", and efforts to scare you into paying, the claim would be discontinued.

If that argument had been used when appealing to POPLA, you might have been successful (but you probably didn't want to read that )

[peter.k]

Thank you once again des8. I did argue, as advised in this forum, that signage was incorrect and pcn wording did not comply, but still got rejected.

[des8]

odd that assessor did not pick up on the fact the pcn was not pofa compliant, especially if you highlighted that the parking company could not transfer liability for unpaid charges from driver to keeper.
That however is POPLA for you!