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#Post#: 57730--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: February 11, 2025, 2:41 pm
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Thanks for that, much appreciated.
I have blanked out personal details from the rejection letter
and uploaded pages at the following links
HTML https://imgur.com/a/jiTBLax
- page 1
HTML https://imgur.com/a/ZGOUY4n
- page 2
HTML https://imgur.com/a/n0Lsvcw
- page 3
HTML https://imgur.com/a/3ky3fSK
- page 4
HTML https://imgur.com/a/cuhW1xY
- page 5
HTML https://imgur.com/a/52TIWaJ
- page 6
#Post#: 57737--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: DWMB2
Date: February 11, 2025, 3:48 pm
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We sometimes advocate something of a 'kitchen sink' approach to
POPLA appeals, but given the open and shut nature of the lack of
PoFA compliance, I'd be tempted to keep things short and
straightforward, and force Britannia to engage with the issue at
hand (or, more likely, withdraw).
There's no rush to submit anything, so await other views, but
here's a basic starter:
--- Quote ---
>
> [center]POPLA Appeal[/center]
> [center][NAME] (Registered Keeper) (Appellant)[/center]
> [center]-Vs-[/center]
> [center]Britannia Parking Group Limited (Operator)[/center]
> Vehicle Registration Mark:[VRM]
> POPLA Reference Code: [POPLA REFERENCE]
> Parking Charge Notice Number: [PCN REFERENCE]
>
> Case Overview:
> I, the registered keeper (“I”/“the Appellant”) of the above
vehicle (VRM: _______), received a parking charge notice via
post from Britannia Parking Group Limited (“the Operator”),
which purported to be a Notice to Keeper. I appealed to the
Operator, who acknowledged and subsequently rejected my appeal.
It is my position that as the registered keeper of the vehicle I
have no liability for the parking charge, and that my appeal
should therefore be upheld. My appeal is on the following
ground:
>
> No keeper liability: the Parking Charge Notice does not comply
with the requirements of Schedule 4 of the Protection of
Freedoms Act (“PoFA”/“the Act”):
> The operator does not not know the identity of the driver and
is therefore seeking to recover the charge from me, the
registered keeper of the vehicle. In order to be able to recover
any unpaid charges from me as the registered keeper, the
operator must comply with the requirements outlined in Schedule
4 of the Protection of Freedoms Act 2012. Britannia have chosen
not to do so. Helpfully, the operator confirmed this in writing,
when responding to my appeal:
>
> [indent]"This Parking Charge is not POFA compliant"[/indent]
>
> Even if they had claimed to be seeking to hold me liable using
the provisions of PoFA, they have failed to deliver the notice
within the relevant period of 14 days beginning with the day
after that on which the specified period of parking ended, as
specified by 9(5) of the Act.
>
> Date of Parking: 28/11/2024
> Date of PCN issue: 16/12/2024
> Date of presumed service: 18/12/2024
> Elapsed time period: 20 days
>
> As Britannia concede that they are not seeking to rely on the
provisions of PoFA to hold me liable as the keeper, and as there
is no evidence as to who was driving, I cannot be held liable
for the charge, and my appeal should be upheld.
--- End Quote ---
#Post#: 60549--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: March 4, 2025, 8:29 am
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I submitted the appeal on popla a week or so back with the
wording provided above.
I have today received a further email from Britannia Parking
with the following:
"Good Afternoon,
Further to you email, we raised your email to DCBL's legal
department and they have responded with the following - "if it's
non-POFA and they haven't nominated a Driver, we can pursue on
the balance of probabilities that if they were not the Driver,
they would inform the client who was."
​
I can see that you have raised a POPLA case, therefore, your
next step is to wait for their outcome.
Regards
Amey Richardson
Compliance Manager
Britannia Parking"
#Post#: 60613--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: b789
Date: March 4, 2025, 4:51 pm
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Just respond with... "Are you rally that effing stupid?" Pass
this to a responsible adult and see if they really want to waste
their court and hearing fees. Mention VCS v Edward 2023
[HOKF6C9C]
HTML https://www.dropbox.com/scl/fi/zra61px7l3if53o3bp9c4/VCS-v-EDWARD-Transcript.pdf?rlkey=bv4bba389nau5qpfglqkpjq5l&st=5h12sb24&dl=0.<br
/>Idiots.
#Post#: 60617--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: DWMB2
Date: March 4, 2025, 5:02 pm
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Even amongst parking companies, Britannia do have a unique
proclivity for BS.
My money is on them withdrawing to avoid paying the POPLA fee,
but then again, they might be stupid enough not to.
#Post#: 61865--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: ixo
Date: March 11, 2025, 6:49 am
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Just had response from POPLA. Had to read it a few times to be
sure but looks like a success.
"The operator has contacted us and told us that they have
withdrawn your appeal.
If you have already paid your parking charge, this is the reason
your appeal will have been withdrawn. Unfortunately, you cannot
pay your parking charge and appeal, which means that POPLA’s
involvement in your appeal has ended. You will not be able to
request a refund of the amount paid in order to resubmit your
appeal to us.
If you have not paid your parking charge, the operator has
reviewed your appeal and chosen to cancel the parking charge. As
the operator has withdrawn your appeal, POPLA’s involvement has
now ended and you do not need to take any further action.
Kind regards
POPLA Team"
Massive thanks to all who helped me out with this. Much
appreciated 👍
#Post#: 61905--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: b789
Date: March 11, 2025, 9:19 am
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Yup... that's a win.
#Post#: 61918--------------------------------------------------
Re: PCN issued more than 14 days from event
DIR By: DWMB2
Date: March 11, 2025, 9:56 am
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It means that after all their nonsense and bluster, they've
backed out before they had to pay the POPLA fee, meaning you
win. Good result, and thanks for the update.
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