PCN Eternity Fire and Security LTD Parking without clearly displaying a valid ticket. Mumbles Pier

Would this work as a Popla Appeal?

I am appealing this parking charge notice as the hirer and long-term lessee of the vehicle. The operator has failed to satisfy the strict statutory conditions required by the Protection of Freedoms Act 2012 (PoFA) Schedule 4 to transfer liability from the registered keeper to the hirer.Failure to Provide Mandatory Hirer Documentation:Under PoFA Schedule 4, Paragraph 14(2), a Notice to Hirer is only valid if it is accompanied by specific mandatory documents. Specifically, Paragraph 14(2)(a) and (b) require the operator to provide the hirer with a copy of the hire/lease agreement and a copy of the statement of liability signed by the hirer.The operator's Notice to Hirer consisted of a single piece of paper. None of these statutory documents were supplied. Because the operator has failed to comply with the mandatory provisions of Paragraph 14, they have no lawful right to transfer liability to me as the hirer.No Driver Identified:The operator has only established that the vehicle was present, but has not identified the driver. PoFA Schedule 4 does not place any legal obligation on a keeper or hirer to identify who was driving, and I am choosing not to confirm who was driving at the material time.Because the operator cannot establish hirer liability due to their non-compliance with Schedule 4, and the driver has not been identified, there is no legal basis upon which to hold me liable for this charge.As the operator has failed to meet the strict legal criteria to enforce this charge against a hirer, I respectfully request that POPLA directs the operator to cancel this Parking Charge Notice.

Just wanted to check if anyone had any thoughts before submitting the above?  Thanks so much for your time :-)

Yes - looks good.

Come back once the operator uploads their evidence.

The operator will often pull out of these cases.

You can wait to see what the next step as far as I can recall as yet and being quite local they operate x 2 in Mumbles and one in Parc Tawe in the city centre. Not one case has been to court.

Thank you both!  They are now taking over a lot of car parks in Swansea!

Good Evening
  I have had the POPLA submission of evidence and it looks like they havent addressed my claim at all?  Can anyone give it a quick look and check?

https://drive.google.com/file/d/1wPuTgvKMWnxzgl41wHBVOP3QcxyqDui2/view?usp=drive_link

You'll need to change the sharing settings - it's not letting me view without signing into a Google account.

So sorry!  I think i have changed the settings so that you should be able to view it!

This can probably be improved as I've written it quickly, but as a starter for 10:

Also worth noting that their included BPA membership certificate is out of date.

Also point out to the Assessor that the evidence pack contains photos of the vehicle with a ticket clearly displayed on the dash - ask why there is no picture containing a 'close up / details' of that ticket if the parking warden felt it was invalid.

I'd probably be tempted not to mention that - they're still showing as an AOS member, and the OP didn't challenge their membership status in their appeal - leaving it out allows the response to remain laser-focused on the lack of PoFA liability. Shows how gormless they are though.

Edit: Comment above was in relation to the BPA membership cert, not the point about the dashboard/ticket

Thank you for all the comments.  Will see what happens next!

What did you submit?

Thank you.  I havent submitted yet but i was just thinking of this below.  I didnt want to mention the ticket issue as im not sure if the payment machines require a number plate which im guessing they will then say they dont have a record off.  I didnt want to over complicate it.  Does that sound ok?



Eternity Fire and Security Ltd's submission to POPLA does not respond to, or dispute, any of the points raised in my appeal.

They have shown no evidence that they provided me, the hirer, with a copy of the hire/lease agreement when they issued a Notice to Hirer, which is required by paragraph 14(2) of PoFA. They have shown no evidence that they provided me, the hirer, with a copy of a statement of liability signed by the hirer, which is required by paragraph 14(2) of PoFA.

In the absence of any evidence that such documents were provided, it must be concluded that they were not. By failing to provide these documents to the hirer, Eternity Fire and Security Ltd have failed to meet the conditions required to recover any unpaid parking charges from me, the hirer, under PoFA. As such, my appeal must be upheld.

Looks as good as it gets in terms of a single point appeal.

You could add that the operator has refused to engage in your appeal point with their internal appeal (as well as at the POPLA stage) and that this behaviour is, at best, unprofessional and breaches the standards clearly set out in the CMA open letter published on 16th July.