POPLA Appeal, Fight or Quit? Options

[rich2568]

The driver has a PCN for returning within 6mins in a "No Return Within 1hr" car park managed by Northern Parking Services of 22 Wenlock Rd, London, N1 7GU.

The driver & was totally unaware such a rule existed! The driver certainly doesn't have £100 spare to pay for a ridiculous 'breach' of their so called T & C, s!

We will obviously appeal as a different driver then revisited the car park!

Any help in the appeal letter would be very much appreciated 👍🙂

This post has been edited by rich2568: Mon, 23 Jul 2018 - 19:08

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[kommando]

Refer only to 'the driver', the keeper will appeal, if there is no keeper liability they are stuffed as there is no need to identify the driver.

Need to see with PCN with personal details and car reg etc redacted, keep any dates on the PCN and also tell us the date the keeper got the PCN through the letterbox. Also need pics of the signage.

[The Rookie]

Immediately edit your post, drivers are referred to as ‘the driver’, and postal notice is sent to ‘the keeper’, never give away the drivers ID to a private parking company. Do this now.

No returns are easy to contest, how do they know it was the same driver who returned......

[Jlc]

Any help in the appeal letter would be very much appreciated 👍🙂

It doesn't matter what is written - they will reject. They are not in the business of accepting appeals.

However, they are in the BPA so there's so hope with POPLA. We presume the charge was issued by post?

[rich2568]

Thanks for your replies....

Yes the PCN was received through the post- I`ll post the PCN in next post.

The images within the PCN do appear to show the driver....even though the images are small ---I assume the images they hold will be 10 times bigger (To show the Judge if needed!).

[rich2568]

Here's the pic of the PCN on the way- let me know if any of it needs blanking out....



This post has been edited by rich2568: Mon, 23 Jul 2018 - 18:44

[The Rookie]

Edit your first post again, the driver could only be liable when there is one driver returning, where there were two there could be no returning.

[rich2568]

Plus I have just read this, posted by another user, in the "Completed Case Summaries" section......(There is hope as it is the same car park...)

[i]Mid last year,I parked up at XXXXXXXXXXXXXXXXXXXXXXXXXXX
.I overstayed my welcome and got a ticket in the post.I appealed to Northern Parking Services but it was refused.I appealed at POPLA and won.Late last year,a work colleague got a ticket,same palce,still the same NPS.I did a letetr of appeal for him but NPS rejected that,so it went to POPLA.They allowed the appeal(result in february 2018).The latest one was for a pensioner friend of mine.same place,same NPS,same appeal refusal.POPLA allowed the appeal on the basis that NPS's contract with the land owner was dated 5th April 2015.The contravention occured on 2 jan.2018.Ashlea Forshaw,the adjudicator stated "AS the witness statement does not state how long the contract is valid for,or if this is a rolling contract,I cannot determine that the operatorstill had permission to operate and issue parking charges on the land,on the date the appellant parked.As such,the operator failed to prove that it still has the required authority to operate on the land in question,and has failed to meet the requirements set out in sch.7 of the bpa code of practice.I note the appellant has raised other issues as grounds of appeal.however,as I have allowed the appeal, for this reason,I did not consider them.Accordingly,I must allow this appeal".[/i]

This post has been edited by rich2568: Mon, 23 Jul 2018 - 19:33

[Jlc]

Need to see the reverse of the PCN too...

[rich2568]

Need to see the reverse of the PCN too...

Ill pop it up in a few minutes......

Here is the reverse of the PCN:-

[SchoolRunMum]

That's a POFA NTK, like a ParkingEye one.

Anyway try the retailer complaint first, VERY strongly. See the Store Manager in person, and whilst there take a pic of the sign.

Then if that doesn't work, then appeal, then look at POPLA appeals on here and adapt one. A Parking Eye one would be similar.

[rich2568]

That's a POFA NTK, like a ParkingEye one.

Anyway try the retailer complaint first, VERY strongly. See the Store Manager in person, and whilst there take a pic of the sign.

Then if that doesn't work, then appeal, then look at POPLA appeals on here and adapt one. A Parking Eye one would be similar.

What's a POFA NTK...??

[Redivi]

Notice to Keeper that contains the information required by the Protection of Freedoms Act to recover payment from the registered keeper if NPS doesn't know the identity of the driver

This post has been edited by Redivi: Tue, 24 Jul 2018 - 14:13

[rich2568]

Oh OK Thanks....
How would I adapt a letter.... Bearing in mind it appears that they do not have current consent from the land owner.....?

[ostell]

Please explain that last statement !

[rich2568]

Please explain that last statement !

As per my post#8 above... A Completed Case Summary victory showed that they have lost 2 appeals twice from the same car park based on not having up to date consent from the land owner.....

[rich2568]

Here's a pic of their T&C, s....

[ostell]

Ask them to identify the drivers on each occasion as any alleged contract is with the drivers at the time and not the keeper, otherwise go away.

[rich2568]

Ask them to identify the drivers on each occasion as any alleged contract is with the drivers at the time and not the keeper, otherwise go away.

Does the POFA not allow them to chase the keeper for the money if no driver is admitted? Just wondering as a prev post from Redivi said this is what they are able to do (like Parking Eye)?

[ManxRed]

Ask them to identify the drivers on each occasion as any alleged contract is with the drivers at the time and not the keeper, otherwise go away.

Does the POFA not allow them to chase the keeper for the money if no driver is admitted? Just wondering as a prev post from Redivi said this is what they are able to do (like Parking Eye)?

No, POFA simply allows them to pursue the Keeper for any charges for which the driver is liable. If there were two different drivers, then neither of them has breached any terms and conditions, and therefore neither of them has any liability for any parking charge. Hence, there is nothing to hold the Keeper liable for in the first place.