Free Traffic Legal Advice

If your appeal is on non-compliance with PoFA 2012, as discussed earlier, you need to amplify the point with POPLA by quoting the legislation and leading the assessor through the reasons why the notice does not comply with the legislation, then conclude by stating that the driver has not been identified and therefore you as registered keeper can not be held liable.

Research the forum, write something, post it here, you will get input or approval.
You have to construct the framework for your case, but we’ll correct or modify as appropriate.
Templates just lead to people blindly submitting things they don’t understand, I find.

Hi All

Would anyone with better knowledge than i please advise on the above, just wanted to get the appeal in but want to make the appeal as assertive as i possible can.

Thanks in advance and sorry for any inconvenience caused.

Ok, as this is my last post before attempting Popla myself, I used AI to draft this appeal, would really appreciate people's comments on this:

Dear POPLA Assessor,

I am the registered keeper of the vehicle referred to above and I wish to appeal the Parking Charge Notice issued by Total Car Parks on the following grounds. I ask that you consider all grounds.

1. The Notice to Keeper is not compliant with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Therefore, the operator cannot transfer liability to the registered keeper.
The operator has attempted to rely on keeper liability under POFA 2012 but has failed to comply with the strict mandatory requirements of Schedule 4.

Specifically, the Notice to Keeper incorrectly states that the keeper has 30 days in which to pay or appeal/name the driver. Paragraph 9(2)(f) of Schedule 4 requires the NTK to warn the keeper that, if the parking charge is not paid in full and the name and current address of the driver are not provided, the creditor will have the right to recover the unpaid parking charge from the keeper after the period of 28 days beginning with the day after that on which the notice is given.
This is a material error. The wording and timing on the NTK do not match the statutory requirement. As a result, the conditions for keeper liability under paragraph 6(1)(b) of Schedule 4 have not been met. The operator therefore has no legal basis to pursue me as the registered keeper.

2. No admission as to who was driving
I am appealing as the registered keeper. I have not been identified as the driver at the time of the alleged parking event, nor have I admitted to being the driver. The operator has provided no evidence that I was the driver. Without a compliant NTK under POFA, they cannot pursue the keeper.

I respectfully request that POPLA uphold this appeal and cancel the Parking Charge Notice in full.

Regards


What do you think?

Thanks do you know if there is an option to add documents/clips from the actual notice and "add" then on to the Popla website? Or would I just state the actual wording on the defence (assuming Popla would have all the paperwork from Total as part of the process?).

Regards

Sorry I guess I am appealing under

"I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking"?

I guess it's that or other....

I'm talking about on the actual POPLA website, I've never used it before so I just wanted clarification that I was on the right page. What I wrote below is the actual wording from the appeal site. There are 6 options to choose from.

I've also never said I wasn't the keeper?

So i finally after 3 weeks had a response from Popla. Total Car Parks have come back and challenged it and now i have 7 days to provide comments.

Do i stick by my guns and go with the letter being non-compliant due to the incorrect information (30 days to pay/appeal instead of the 28), or is there anything else i should do now?