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POPLA win against ECP, PoFA again
The Rookie
post Tue, 3 Oct 2017 - 08:48
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An off board case for a friends daughter, an easy win at POPLA based on PoFA non-compliance, relevant part of the appeal was
QUOTE
The respondent is seeking to hold me liable as the keeper of the vehicle, however the respondent has failed to comply with the requirements of the Protection of Freedoms act 2012 Schedule 4 Paragraph 9 in order to do so
a) Para9 2a states “specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates” the notice is required to state the period of parking, the notice in question does not provide this duration, it merely provides the entry and exit times which are not the same thing as duration or applicable to time parked (stationary).
b) Para9 2f states “warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given” however Euro car parks has chosen to shorten the permitted time from that to “29 days from date given” the date given (on the Notice to Keeper) is the date of the notice note the date of service or in terms of the act “on which the notice is given”.
c) Para9 2h states “identify the creditor” however the notice from Euro Car parks fails to identify the creditor in this instance.

Accepted by Alexander Wilcock (adjudicator) on the basis of (b) Para9 2f and the time aloud.

I can't believe ECP are still using that bit after so many losses at PoPLA!


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