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#Post#: 83878--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: fezster
Date: August 3, 2025, 7:50 am
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Sorry if I'm being dim, I'm confused on what to do now.
In the context of my appeal, can I (should I?) be introducing
the location and/or landowner permission in my operator evidence
rebuttal? Or should I stick to only my original arguments of not
complying with POFA schedules 13 and 14?
#Post#: 83908--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: b789
Date: August 3, 2025, 12:09 pm
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You can introduce it but the assessor may choose not to consider
it. Just throw the kitchen sink in there and see what happens.
It's only POPLA and any adverse decision is not binding on you,
so stop worrying or overthinking it.
#Post#: 83910--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: fezster
Date: August 3, 2025, 12:13 pm
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Thanks. I'll send what I have in the next couple days, after
I've had a chance to structure it a little better.
#Post#: 84012--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: fezster
Date: August 4, 2025, 6:25 am
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Here is the full appeal with the above points included - please
could I have some feedback before I submit it.
HTML https://drive.google.com/file/d/1UOPogRIT19gVGtgAEaF8j7YBbDmL2WRL/view?usp=sharing
#Post#: 84014--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: b789
Date: August 4, 2025, 6:36 am
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Good to go.
#Post#: 89542--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: fezster
Date: September 11, 2025, 12:19 pm
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Appeal was successful. Thank you everyone for the assistance!
--- Quote ---
>
>
>
> I am allowing this appeal, with my reasoning outlined below:
When an appeal comes to POPLA the burden of proof begins with
the operator to evidence that the PCN has been issued correctly.
From the evidence provided in the operator’s case file, it is
clear that the registered keeper of the vehicle is ARVAL UK LTD,
which provided the operator with the name of the person which
had hired or leased the vehicle at the time of the alleged
contravention. This company/person is xxxxx to which the
operator then issued a Notice to Hirer. The appellant has
confirmed in their appeal to the operator that the person xxxxx,
is the hirer of the vehicle. After reviewing the evidence
provided by both parties, I am not satisfied that the driver of
the vehicle has been identified. The Protection of Freedoms Act
(PoFA) 2012, paragraph 4 (1) states “the creditor has the right
to recover any unpaid parking charges from the keeper of the
vehicle”. Section 13 (2) goes on to state that “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 (c) A copy of a statement of liability
signed by the hirer under that hire agreement.” As such, Section
14(2)(a) requires the documents referred to above to be sent
together with the Notice to Hirer. The operator has failed to
provide a copy of these documents in its evidence to POPLA. As a
result, I am not satisfied that the operator has met the strict
requirements set out in PoFA 2012. I therefore conclude that the
operator issued the PCN incorrectly. Accordingly, this appeal is
allowed. I note the appellant has raised other issues as grounds
for appeal, however, as I have decided to allow the appeal for
this reason, I did not feel they required further consideration.
>
--- End Quote ---
#Post#: 89553--------------------------------------------------
Re: Parking Eye PCN – Overstayed by 17 mins – ASDA Bexleyheath
DIR By: jfollows
Date: September 11, 2025, 2:30 pm
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Good news, thank you.
It’s pretty disgusting that you only get to this stage after
three months and a lot of effort, despite your initial appeal
being completely accurate and justified. They reject valid
appeals like these knowing that many people then give up and
pay.
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