Re: MET - POPLA Appeal - HELP!!!

[Fanofmystery1]

@mystery1 mystery !!!!!!! can you please have a look at my POPLA saga. I am at the stage where the MET has sent their evidence in response to my appeal. But I have a feeling there is still a way to a strong counter. I have 7 days to comment! well 6 now. PLEASE HELP, im your number 1 fan!

Can i email their evidence to you?

p.s. sorry for rudely interrupting thread

[Amethyst]

Re: MET - POPLA Appeal - HELP!!!

I've moved your post to it's own thread, you have tagged M1 and I am sure he will look in shortly.

[Kati]

Re: MET - POPLA Appeal - HELP!!!

Can i email their evidence to you?

you can email it to me ... I'll post it up :nod: xx

Just remember to send a link to your thread too (so I can find it again)

[Kati]

Re: MET - POPLA Appeal - HELP!!!

got it

[mystery1]

Re: MET - POPLA Appeal - HELP!!!

Judging by this you made no comments on keeper liability within your appeal, is that correct ?

M1

[Fanofmystery1]

Re: MET - POPLA Appeal - HELP!!!

Thanks Kati

[Fanofmystery1]

Re: MET - POPLA Appeal - HELP!!!

Yes that's correct I didn't

- - - Updated - - -

will that be a problem?

[mystery1]

Re: MET - POPLA Appeal - HELP!!!

Would've helped. I'll get back to you tomorrow night.

M1

[Fanofmystery1]

Re: MET - POPLA Appeal - HELP!!!

Thanks a lot mystery1 you're the best

[Fanofmystery1]

Re: MET - POPLA Appeal - HELP!!!

Any news [MENTION=5354]mystery1[/MENTION] ? thanks

[mystery1]

Re: MET - POPLA Appeal - HELP!!!

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

The operator states "As the registered keeper has not provided us with the name and current address forservice of the driver of the vehicle, we may pursue the registered keeper for payment
of the outstanding parking charge notice."

In order to do so the notice to keeper MUST comply with PoFA 2012 schedule 4. It does not. It was not given within 14 days as it would be deemed given on the 2nd working day after posting if posted 1st class. Due to the holidays this would not have happened. It does not specify a period of parking as required, merely an entrance and exit time but as is clearly seen in the photographs the vehicle was not parked at either point. The keeper is not invited to pay and the statutory warning from 9(f) is incorrectly worded.

The contract/letter of authority states that the BPA code of practice must be adhered to. Withe regards to PoFA the code says

20.2 Schedule 4 of POFA 2012 creates the new legal basis to
claim unpaid parking charges from vehicle keepers and
hirers. As long as the strict conditions of Schedule 4 are
met, you may claim payment from the keeper or the hirer
of the vehicle rather than from the driver. To do this you
need to follow the procedures set out in the Schedule.
You can do this whether the parking originally took place
under the terms of a contract or was an act of trespass.

Making use of Keeper Liability provisions
21.5 If you want to make use of the Keeper Liability
provisions in Schedule 4 of POFA 2012 and you have
not issued and delivered a parking charge notice to the
driver in the car park where the parking event took
place, your Notice to Keeper must meet the strict
requirements and timetable set out in the Schedule
(in particular paragraph 9).

The terms of the contract were clearly breached.


The contract/authority provided in evidence does not contain the information required by the BPA code of practice at section 7 with extra attention to 7.3



7 Written authorisation of the landowner
7.1 If you do not own the land on which you are carrying
out parking management, you must have the written
authorisation of the landowner (or their appointed
agent). The written confirmation must be given before
you can start operating on the land in question and
give you the authority to carry out all the aspects of car
park management for the site that you are responsible
for. In particular, it must say that the landowner (or their
appointed agent) requires you to keep to the Code
of Practice and that you have the authority to pursue
outstanding parking charges.
7.2 If the operator wishes to take legal action on any
outstanding parking charges, they must ensure that they
have the written authority of the landowner (or their
appointed agent) prior to legal action being taken.
7.3 The written authorisation must also set out:
a the definition of the land on which you may operate, so that
the boundaries of the land can be clearly defined
b any conditions or restrictions on parking control and
enforcement operations, including any restrictions on hours
of operation
c any conditions or restrictions on the types of vehicles
that may, or may not, be subject to parking control and
enforcement
d who has the responsibility for putting up and maintaining signs
e the definition of the services provided by each party to the
agreement




M1