My vehicle was the unfortunate recipient of a PCN from a PPC called 'One Parking Solution LTD'.
It was parked in a permit-only car park adjacent to an office block (which it is parked at regularly), but the car was newly purchased - on this particular occasion the permit was mistakenly left in the glove box by the driver.
The notice to driver (i.e. windscreen ticket) was placed on the vehicle some time ago. I sent an appeal via post (as the registered keeper of the vehicle), and this was received by the PPC exactly 27 days after the issue of the NTD.
I received a response in the post 11 days after I sent my appeal (for those not counting, this is now 38 days after the issue of the NTD).
To absolutely nobody's surprise, the appeal has been denied - and even less surprisingly, they've made absolutely zero effort to address any of the points I made. However, I have been given a POPLA code.
Among other things, my appeal was given on the basis that;
- Their interest in the land is insufficient to offer contracts (i.e. they were asked to provide a copy of their contract with the landowner - they have not done so).
- They failed to prove that they had entered into a valid contract with the driver
- They failed to show that the charge is a genuine pre-estimate of loss and not just an unenforceable penalty (i.e. they were asked to provide a breakdown of costs applicable to the issue of the charge - they have not done so)
- They failed to show that they have complied with all requirements of the Protection of Freedoms Act 2012 to constitute Keeper Liability
I expect that I have enough information to appeal to POPLA on the basis of those points - but I suspect that I could make my appeal to POPLA even better. I have not yet received a Notice to Keeper (NTK), and I'm beginning to suspect that I won't - the 56-day NTK deadline is getting pretty close.
Do you think I should wait until the deadline has passed so that I can appeal to POPLA on the basis of their failure to prove keeper liability under PoFA 2012 (in addition to the other points)?
Let me know what you think. I can provide all relevant paperwork if you'd like to look over it!
Thanks.