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Private parking tickets / Re: Parking Charge Notice - Spring Parking - on car
« on: July 03, 2025, 08:01:43 pm »
I wanted to update you on the my popla appeal and have today received a message saying that it was successful.
The reason stated is as follows:
I am allowing this appeal for the following reason: When an appeal comes to POPLA the burden of proof begins with an operator to demonstrate that the parking charge has been issued correctly. The drivers details are unknown therefore, I need to assess if the PCN is complaint with the relevant aspects of the Protection of Freedoms Act (POFA) 2012, in order to transfer the liability to the registered keeper. POFA 2012 Paragraph 6, subsection (1) (a) outlines that if a Notice to Driver is issued according to Paragraph 7 and the driver is not identified a Notice to Keeper must be sent in accordance with Paragraph 8. Having reviewed the operators casefile the operator has claimed that a Notice to Keeper was sent via post however, they have only provided a copy of the initial Notice to Driver issued, with no copy of the Notice to Keeper claimed to have been sent attached. I therefore cannot conclude that a compliant Notice to Keeper has been sent in accordance with Paragraph 8. I am therefore not satisfied that the operator has met the requirements set out in POFA 2012. And, as such, I am allowing this appeal. I acknowledge that the appellant has brought other grounds of appeal to POPLA, but as I am allowing this appeal based on the reasoning above, there is no requirement to address these grounds as they will not affect the outcome of this appeal.
I would like to thank all contributors to my post but especially b789. I am truly grateful.
Many thanks.
The reason stated is as follows:
I am allowing this appeal for the following reason: When an appeal comes to POPLA the burden of proof begins with an operator to demonstrate that the parking charge has been issued correctly. The drivers details are unknown therefore, I need to assess if the PCN is complaint with the relevant aspects of the Protection of Freedoms Act (POFA) 2012, in order to transfer the liability to the registered keeper. POFA 2012 Paragraph 6, subsection (1) (a) outlines that if a Notice to Driver is issued according to Paragraph 7 and the driver is not identified a Notice to Keeper must be sent in accordance with Paragraph 8. Having reviewed the operators casefile the operator has claimed that a Notice to Keeper was sent via post however, they have only provided a copy of the initial Notice to Driver issued, with no copy of the Notice to Keeper claimed to have been sent attached. I therefore cannot conclude that a compliant Notice to Keeper has been sent in accordance with Paragraph 8. I am therefore not satisfied that the operator has met the requirements set out in POFA 2012. And, as such, I am allowing this appeal. I acknowledge that the appellant has brought other grounds of appeal to POPLA, but as I am allowing this appeal based on the reasoning above, there is no requirement to address these grounds as they will not affect the outcome of this appeal.
I would like to thank all contributors to my post but especially b789. I am truly grateful.
Many thanks.