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POPLA Decisions
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Had a reply from ISPA following a complaint about POPLA and a subsequent investigation:
'Thank you for your email dated 13 April 2016 regarding the appeal decision you received. Our director is currently on leave and I am writing to you in her absence to inform you of the outcome of your case review.
One of our Independent Assessors has investigated your complaint and looked at the processes applied to your appeal. She has assessed that the correct processes were followed, which led to a fair outcome.
The issues you raised have been noted and thank you for bringing these to our attention.
Best wishes,
Elspeth Bramley
Board Secretary to ISPA''People are stupid; they can only rarely tell the difference between a lie and the truth, and yet they are confident they can, and so are all the easier to fool.' Wizard's first rule © Terry Goodkind.0 -
I helped a lady with her appeal a long time ago, and it was one of those which was stayed pending the Beavis result, so went into the pile to be dealt with by Wright Hassall.
I was pleasantly surprised when she sent me this last week (a Parking Eye case):
We have been appointed by the British Parking Association (“BPA”) to act as an independent appeals body, under the brand of Parking on Private Land Appeals (“POPLA”), in respect of the Appeal and to consider both the Appellants and the Car Park Operator’s positions before providing a decision to the parties.
We are not instructed to act on behalf of either party.
We confirm that we have considered the appeal, taking into account all of the evidence at hand and applying the prevailing legislation and with reference to the BPA Code of Practice, and have decided to allow the appeal on this occasion.
This means that the Appellant does not need to make payment to the Car Park Operator and the Parking Charge Notice (“PCN”) must be cancelled.
Reasons for allowing the Appeal
• Paragraph 13 of the BPA Code of Practice requires that a reasonable grace period should be given to allow motorists to enter the car park and decide whether to stay or go, and also to leave the car park. Upon reviewing the evidence received from both parties, it appears that the Appellant has not been given a sufficient grace period in which to both read and agree to the terms and conditions of the Car Park. Accordingly the Appeal is allowed.
To the Appellant
As the Appeal has been allowed, you do not need to make payment of the PCN. The Car Park Operator must cancel the charge and cease all collection activity in relation to this PCN.
To the Car Park Operator
As the Appeal has been allowed, you must now cancel the PCN and cease all collection activity in relation to this PCN.
This is the final decision in this Appeal. We are not able to respond to any future correspondence from either party, nor are we able to provide any information to either party over the telephone.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Wow. Amazing!Mike172 vs. UKCPM
Won:20
Lost: 0
Pending: 0
Times Ghosted: 150 -
Won a 22nd March PCN Parking Eye Aire Street, Leeds.
Decision
Successful
Assessor Name
Mark Yates
Assessor summary of operator case
The operator’s case is parked on site for 14 minutes without making payment.
Assessor summary of your case
The appellant’s case is the notice to keeper is not compliant with the Protection of Freedoms Act 2012 (POFA 2012), Lack of grace period under section 13.2 and 13.4 of the British Parking Association (BPA) Code of Practice as the time in the car park was 14 minutes it is a reasonable grace period to allow an informed decision which was not to park and leave, no landowner authority, the ANPR system is unreliable nor accurate, the charge was not based upon a genuine pre-estimate of loss and there is no justification for the breach of the duty to allow grace periods, and unclear inadequate and non-compliant signage as it was evening the unlit signage is particularly difficult to read.
Assessor supporting rational for decision
In this case, it is not clear who the driver of the appellant’s vehicle is, so I must consider the Protection of Freedoms Act 2012 (PoFA 2012), as the operator issued the PCN to the keeper of the vehicle. The operator has provided me with a copy of the notice to keeper sent to the appellant. I have reviewed the Notice to Keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant. The appellant has raised a number of grounds for appeal however I will concentrate on landowner authority. The appellant states that the operator has no standing or authority to pursue charges, nor form contracts with drivers. In terms of POPLA appeals, the burden of proof belongs with the operator to demonstrate it has issued the PCN correctly. While I appreciate that the operator has provided a contract of landowner authority, from the quality of evidence provided I am unable to confirm if the contract meets the requirement of the British Parking Association (BPA) Code of Practice section 7. It is therefore unclear that the PCN was issued on the land the operator has the authority to issue PCN’s. As such, I cannot confirm the PCN has been issued correctly.
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Are PE's NtKs really POFA-compliant? I know they probably get things closer than any other PPC, but compliant?0
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Are PE's NtKs really POFA-compliant? I know they probably get things closer than any other PPC, but compliant?
They won't show the period of parking (only entry and exit), so that's a 'fail'. Neither do they show the amount of parking charge outstanding (the difference between what's been paid and what should have been paid for the actual period of parking), so another 'fail'.
I'm pretty sure that POPLA Assessors don't yet have experience to pick these out (or, worse, overlook them as being trivial and consequently side with the PPC). And why advice is to spell these out to POPLA - Janet and John stylee - in appeals. But that of course needs the appellant to be up to speed on the nuances of PoFA 2012 - which is more than a big 'ask' in most cases.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
another win with a wright hassall referral below. big thanks to this forum for the help over the past year!
Original thread: https://forums.moneysavingexpert.com/discussion/5280358
Response:We confirm that we have considered the appeal, taking into account all of the evidence at hand and applying the prevailing legislation and with reference to the BPA Code of Practice, and have decided to allow the appeal on this occasion. This means that the Appellant does not need to make payment to the Car Park Operator and the Parking Charge Notice (“PCN”) must be cancelled.
Reasons for allowing the Appeal
• The Paragraph 13 of the BPA Code of Practice requires that a reasonable grace period should be given to allow motorists to enter the car park and decide whether to stay or go, and also to leave the car park. Upon reviewing the evidence received from both parties, it appears that the Appellant has not been given a sufficient grace period in which to read the signage and depart from the car park. Accordingly the Appeal is allowed.
To the Appellant
As the Appeal has been allowed, you do not need to make payment of the PCN. The Car Park Operator must cancel the charge and cease all collection activity in relation to this PCN.
To the Car Park Operator
As the Appeal has been allowed, you must now cancel the PCN and cease all collection activity in relation to this PCN.
This is the final decision in this Appeal. We are not able to respond to any future correspondence from either party, nor are we able to provide any information to either party over the telephone.0 -
Can you private message your POPLA code to this poster please, showing him this decision:
https://forums.moneysavingexpert.com/discussion/5402484
It will help his complaint to ISPA to show them what 'new POPLA' should have done.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Done! Happy to give back to the forum which helped me so much. :beer:0
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