No. You don't send "the same appeal" to POPLA. There is no rush as you have up to 33 days from the date of the initial appeal rejection to file your POPLA appeal, so get it right. It is now too late for them to re-issue the NtH as they had 21 days from the date they were notified by the keeper and provided the required documents.
Your appeal to POPLA will need to highlight why you, the Hirer of the vehicle, cannot be liable for the PCN. As long as the driver has not been identified by the Hirer (have they?) then POPLA should uphold the appeal.
So, appealing to POPLA as the Hirer, you must point out that you are under no legal obligation to name the driver and you decline to do so. As the operator has failed to fully comply with the requirements of paragraphs 13 and 14 of PoFA, they cannot rely on the Act to transfer liability of the charge from the driver to the Hirer.
The operator has not shown that the person they are pursuing (you, the Hirer) was the driver. They are not allowed to presume or infer that the Hirer must also be the driver and that has already been set as a legal standard in previous case law. The burden of proof is on the operator to show who was the driver.
That will be be the basis of your POPLA appeal and, as always, you throw in the kitchen sink and include signage failures and lack of landowner authority into the mix.
