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Euro Car Parks - Bracknell Peel Centre POPLA win
BHC123
post Mon, 17 Jul 2017 - 20:12
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I helped my colleague win his appeal against ECP, the work vehicle was hired to him on behalf of a leasing company.
The POFA 2012 is the one to use for all appeals!

Assessor summary of your case
The appellant has raised several grounds of appeal. These are as follows; • The appellant states the operator has not complied with the requirements of the Protection of Freedoms Act (PoFA) 2012. • The appellant states the operator does not have the landowner’s authority. • The appellant states the operator has not complied with the British Parking Association (BPA) Code of Practice 20.5a. • The appellant states the Automatic Number Plate Recognition (ANPR) is neither reliable nor accurate.

Assessor supporting rational for decision
From the evidence the operator has provided, I can see that the operator is pursuing the appellant as the hirer of the vehicle, as such, the provisions laid out in the Protection of Freedoms Act (PoFA) 2012, will need to be followed in order to transfer liability from the keeper of the vehicle, to the hirer of the vehicle. PoFA 2012, paragraph 4 (1) states, “the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle”. This continues to state in Section 13 (2) “The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given – (a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b) A copy of the hire agreement; and © A copy of a statement of liability signed by the hirer under that hire agreement. Followed by section 13 (5) “The documents mentioned in sub-paragraph (2) must be given by- (a) Handing them to the creditor; (b) Leaving them at any address which is specified in the notice to keeper as an address at which documents may be given to the creditor or to which payments may be sent; © Sending them by post to such an address so that they are delivered to the address within the period mentioned in that sub-paragraph”. From the evidence provided to me by the operator, I can see that a notice to keeper was issued to a hire company, followed by a notice to hirer. As such, I would expect the operator to demonstrate that they then provided the relevant documents to the hirer, as required in the PoFA 202. From the operator’s case file I can see that the registered keeper of the vehicle has provided the name of the person the vehicle was hired too. However I am not satisfied that the other requirements of PoFA 2012 section 13 (2) has been met. As such, the operator has not shown that they have followed the PoFA 2012. In this case, I can only conclude that PoFA 2012 was not followed and therefore, the Parking Charge Notice was not issued correctly. Accordingly, I must allow this appeal.
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