Notice to keeper timescale

[limeyben]

Okay, this is the reverse side

[ostell]

They have failed to give the notice of keeper liability, 9 (2) (f), the invitation to keeper is also not in the required format 9 (2) (e).

All ammunition for POPLA.

[limeyben]

Amazing!
So that means TWO reasons to appeal! My intention was to compose my appeal starting with: POINT ONE. The PPC have failed etc, (using your words ending "I will not be doing so".
Then I would make point TWO, that they have failed to give the notice of keeper liability. Thank you so much for your wonderful scrutiny and advice..I would have thought the failure to contact the keeper until 78 days had past would have been enough on its own, however I'm so pleased I managed to send the documents, as you say, all ammunition for POPLA.
I need to compose my appeal soon and get this all behind me. Would you suggest my approach (POINT ONE etc) is appropriate or should I start the appeal in a more precise, (professional ) way.I haven't seen any POPLA appeal form yet so I have no knowledge how it starts. Never mind, I'm very pleased you agree I have a case. Thanks, once again.
Kind regards, Ben

[ostell]

You send that appeal as written in the first place. If they reject it, and they probably will, THEN you appeal to POPLA with the additional items.

[limeyben]

So you are saying I should write to Civil Enforcement again and appeal to them a second time. They dismissed my first appeal and issued me a POPLA VERIFICATION CODE. Obviously if I was to contact them again my second appeal would be more concise

[limeyben]

Copy of letter received from CEL

[limeyben]

I've made such a cock-up creating two threads. After logging in it goes to the redundant page, i have to click on your icon to read your latest comments. I realise you have been helping a number of people for some time, not just little me.
However I would appreciate advice on the actual wording of my appeal to POPLA. I'm not asking you to compose it, I'm asking if there are any templates/ sample appeals available to view? Should I open a thread in pepipoo and ask a wider audience?
OR
Should I just rewrite an email to CEL a second time?

[ostell]

I'd forgotten that you'd already appealed, it's a matter of hunting around to find a POPLA appeal and modifying it to suit.

[limeyben]

Okay! So on Sunday I'll scour through pepipoo and try and find similar cases. i will probably start a thread if i cant find what I'm looking for.
thanks for the support!

[ostell]

Keep it on this thread

I'm trying to write something for you to use, when I get the time

[ostell]

Dear POPLA Assessor,

I am the registered keeper of vehicle registration XXXX XXX and I wish to appeal a recent parking charge number XXXXXXX using POPLA appeal code XXXXXX. My appeal was refused by CEL without good valid reason being given.
I wish to bring the following points to the attention of POPLA:

1. Failure to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) to be able to transfer liability from the driver at the time to me, the registered keeper

2. No authority to issue the charge.


1) Compliance with POFA

CEL have failed to identify the driver at the time. To successfully transfer liability from the driver to me, the keeper, CEL must comply with the strict requirements of POFA

There are several failures to comply:

a) Failed to deliver the Notice to Keeper within the relevant period. The Parking event was on the 3 August 2020 and the issue date of the notice is 21 October 2020. This far exceeds the relevant period of 14 days required by POFA 9 (4)

b) There is no notice of keeper liability as required by 9 (2) (f), a statement that must be included

c) There is no period of parking as required by 9 (2) (a). While times have been given these are while the car was moving in front of the cameras and therefore, by definition, cannot be parking.

d) The invitation to keeper, 9 (2) (e), is not in the format mandated by the Act. The Act states: “the notice must state…..” but the required statement is not in the format specified.

2/ Authority

CEL does not own the car park and I dispute that they have the authority to enter contracts regarding the land or to pursue charges allegedly arising.

CEL has also not provided any evidence that it is lawfully entitled to demand money from the driver or keeper. They do not own nor have any proprietary or agency rights or assignment of title or share of the land in question. I do not believe that the Operator has the necessary legal capacity to enter into a contract with a driver of a vehicle parking in the car park they do not own, or indeed the lawful status to allege a breach of contract in their name.

CEL must provide the POPLA Adjudicator with documentary evidence in the form of a copy of the actual site agreement/contract with the landowner/occupier. Specifically, to comply with the Code of Practice, the contract needs to specifically grant CEL the right to pursue parking charges in the courts in their own name, as creditor. Please note that a 'Witness Statement' to the effect that a contract is in place between CEL and the landowner will be insufficient to provide all the required information, and will therefore be unsatisfactory.


With all this in mind, I request that my appeal is upheld and for POPLA to request CEL to cancel the PCN.

Yours faithfully,


See if anyone else can add to this or make suggestions before you send.

[limeyben]

Goodness me!
I cannot believe how anyone could improve such an appeal. My gratitude is beyond any words. I have no need to ask for any further help. I will fill out the POPLA form exactly how you say. I have until 30th November to appeal so I will leave it a few days, just in case someone can make any addition as you say.
I wish you all power to the elbow for the future.

[ostell]

Lets hope it works, it should do.

If CEL goi ahead rather than not contesting then they will issue a response to your appeal. You need to go through that response and deny anything you do not agree with. Silence means you agree.

[limeyben]

If POPLA find in my favour you are saying CEL can issue a response to my appeal?

[ostell]

No, it's part of the process that CEL are allowed to make a response to your submission before the decision. You respond to the response