Hi there! --- Parking Eye Parking Charge Notice for being in carpark for only 5 mins

[Brockers]

Hi All,

I've now completed my first draft of my POPLA Appeal would it be possible to get it looked over to make sure I'm on track? I've not uploaded it as I didn't want to give anything away, so would appreciate any advice on safest way to upload it here for review.

Many Thanks

[ostell]

Just copy and past it on here but cross out identifying details.

[Brockers]

Just copy and past it on here but cross out identifying details.

Thanks Ostell

[Brockers]

Hi,

Forgot to add is it good idea in point 2. to reference a previous Popla appeal reference?

Thanks again would appreciate any feedback as this is my first Popla appeal :-(

[Brockers]

Hi,

Sorry to hassle I know its busy time of year and apologise in advance but I would be really grateful if someone could quickly review my appeal I really want to get this submitted before Christmas.

Many Thanks

[ostell]

send it

[Brockers]

send it

Ostell thanks so much!

[Brockers]

Looks like no POPLA appeals for a while! I got this email from POPLA today to say my appeal is on hold!

Maybe the operator shouldn't have given the ticket in the first place as it was during COVID-19 Pandemic, bit of understanding and grace would have been the right thing to do.



We have adjourned your appeal

Thank you for raising your appeal with POPLA.

POPLA understands that during the COVID-19 pandemic, it is going to be difficult or impossible for motorists and operators to effectively appeal. In the interests of fairness, we have decided to adjourn all appeals received 28 November onwards in addition to some appeals received shortly before this time. Adjournment means that appeals will be put on hold and we will take no action until things return to normal. It also means operators are not allowed to chase payment while this appeal is registered with POPLA.

We have placed your appeal on hold. When we start considering appeals again, we will write to affected parties and let them know what steps we need them to take, if any, to ensure everyone gets a fair opportunity to put their case forward.

Please check our website and your inbox regularly for more information and updates.

Kind regards
POPLA Team

[Brockers]

So received P.E evidence pack this week went through it and found many issues incorrect photo of signage for the Lido1 car park and not the Lido2 car park where I was parked, no land owner authority as the eco resigned before the company went into receivership! they admitted in the evidence pack that the PCN was NON POFA. I responded to all points and challenged them on the grace period allowed, after few hours got a response back from POPLA to say I have won my appeal!!

Weirdly I won it on something I had not listed in my appeal the assessor found another technicality for me :-) albeit a POFA FAIL .

Assessors comments,


Assessor summary of your case

The appellant has provided a detailed appeal document. In summary, they appeal on the following grounds: The notice was delivered outside of the relevant period, so it is not compliant with the Protection of Freedoms Act 2012 (PoFA). The driver has not been identified and they can only held liable as the keeper if PoFA is met. The operator has not allowed the minimum grace period set by the British Parking Association (BPA). The signage is inadequate and doesn’t say what the ANPR data captured will be used for. There is no evidence of landowner authority in accordance with Section 7 of the BPA Code of Practice. In their comments, the appellant says the operator confirms it hasn’t issued the notice under PoFA. They say the letter of authority provided by the operator is 5 years old with no expiry date and the signature is completely redacted. They say the named person who signed the contract resigned in 2017 so they conclude the operator doesn’t have authority. The appellant says the operator has provided evidence for Lido 1 car park, despite the car park on the PCN being Lido 2. They say their photographs show the lack of signage. The appellants also says that the operator has not addressed their grounds that the grace period had not been allowed.

Assessor supporting rational for decision

I have reviewed the evidence and the appellants grounds for appeal. The appellant has not identified as the driver and it cannot be presumed that they were. The evidence shows that they are the registered keeper. I will therefore be considering their liability for this PCN as the keeper of the vehicle. In order for the operator to transfer liability to the keeper, it must meet the strict requirements of Schedule 4 of PoFA. The operator has provided a copy of the notice issued to the appellant. PoFA Paragraph 9 sets out the requirements that must be met. 9 (2) states “The notice must— (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid”. I have reviewed the notice which the operator sent, and it does not state the warning required by PoFA. The operator cannot make the keeper liable for this charge. Therefore, I do not consider the operator to have successfully transferred liability to the appellant. As they are not liable for this PCN, I must allow this appeal. I note the appellant has raised a number of grounds for appeal, however, as I have not determined that they are liable for the PCN, the further grounds do not require any consideration.

I'm happy to share any information or evidence if anyone needs it.

Thanks to the forum for helping me with this I've learnt that I'll never rollover to these folks again!