POPLA APPEAL - TPS - Jubilee Retail Park, Weymouth

Precision · 16 September 2015 at 1:54PM

haha well I did ask for a confirmation when i sent the initial email with the rebuttal evidence, its now been about two weeks and I've heard nothing -_-

I sent a new email today, also utilised a nice quote from Henry Greenslade about late evidence from the POPLA 2015 annual report.

To whom it may concern,

This message is to follow up on an important email that I sent on 03/09/2015 concerning POPLA appeal XXXXXXXXX

I have forwarded the original message (see below), along with the new evidence that was attached (see attached PDF document).

In my previous email I politely asked for confirmation that the new evidence, that I submitted (the attached PDF document; a rebuttal to the Operators evidence pack), has been accepted.

This confirmation has not been supplied.

I am writing this new message, to now demand confirmation that my new evidence will be considered by the assessor for this appeal.

I will quote Henry Greenslade, Lead Adjudicator, from Page 14 of the POPLA Annual Report 2015. Paragraph one and two, of the section titled "Late evidence" states:

"Late evidence In any fair appeals service, it is obvious that each party must have the opportunity to see all the evidence of the other. If one party delays submitting original or additional evidence to POPLA until just before the scheduled date of determination, the Assessor may have to adjourn the matter for a short period in order for the other party can see the evidence and, should they wish, comment upon it.

Operators should therefore ensure that their evidence is sent to POPLA and to the appellant in good time. "

The final paragraph states the operator should ensure that the appellant (myself) receives the Operators evidence pack in good time. The Operator (Total Parking Solutions) failed to do this.

The Operator sent the evidence pack to myself, via email, on the final day that the on-line evidence submission system remained open, at 3:05PM, giving me less that two working hours to, as a layperson, understand and read a 33 page document, and produce a rebuttal. This is unacceptable and unfair.

By Henry Greenslade's statement, it is clear that if my evidence pack rebuttal is not impartially considered, then the appeal will be unfair.

If I do not receive the confirmation that I have requested before a decision is rendered, and that decision is in favour of the Operator, then I will have no choice but to assume that my rebuttal was not used as evidence in an impartial manner during the appeal and I will contest the decision.

Precision · 21 September 2015 at 10:56AM

Decision time!

17 September 2015

Reference xxxxxxxxxx

always quote in any communication with POPLA
Heather S (Appellant)

-v

Total Parking Solutions Ltd (Operator)

The Operator issued parking charge notice number XXXXXXX arising out of the presence at Jubilee Retail Park, on xx May 2015, of a vehicle
with registration mark XXXXXXX.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

The Operator issued parking charge notice number XXXXXXXX arising out of
the presence at Jubilee Retail Park, on XX May 2015, of a vehicle with
registration mark XXXXXXX for exceeding the maximum permitted stay of XXX
minutes.

It is the Operator’s case that the Appellant parked their vehicle at the site in
excess of the maximum permitted stay of 120 minutes and this was a breach
of the terms and conditions of parking as set out on signage at the site.

The Appellant has made a number of submissions which I do not intend to
deal with and will only elaborate on the reason why I am allowing this appeal,
namely that the Operator does not have the authority from the landowner to
issue parking charge notices.

The Appellant has asked to see proof that the Operator has the authority to
issue parking charges.

The Operator has provided a witness statement,
however, this witness statement is made and signed by their own employee
and therefore not valid.

The Operator has failed to provide a copy of the
contract between themselves and the landowner to show that they have the
authority to issue parking charge notices and therefore I have no evidence
before me to refute the Appellant’s submission.

The onus is on the Operator to prove their case against the Appellant and on this
occasion they have not done so.

Accordingly, this appeal must be allowed.

Nozir Uddin
Assessor

Fu**in Crushed :cool::D

trisontana · 21 September 2015 at 11:03AM

"The Operator has provided a witness statement, however, this witness statement is made and signed by their own employee and therefore not valid."

Naughty, naughty!

Precision · 21 September 2015 at 1:39PM

More fuel for the fire
sent to : foi@dvla.gsi.gov.uk

Vehicle registration: XXXXXX
Vehicle make and model: XXXXXX
Registered keeper: XXXXXX

I am writing to complain because the DVLA has released my personal information to a company that does not have reasonable cause to have it.

The company in question is:

Total Parking Solutions Ltd
SATRA Innovation Park
Rockingham Road
Kettering
Northants
NN16 9JH

The company (TPS) recorded the number plate of said vehicle, at the location of Jubilee Retail Park in Weymouth, Dorset on the date 28/05/2015. And proceeded to use this data to request my personal details from the DVLA under false pretences.

Using the personal information they obtained from the DVLA, this company then proceeded to attempt to extort money from myself, by issuing speculative invoices to my personal home address, which the DVLA incorrectly supplied to the company.

TPS has requested my personal details under the pretence that they have lawful authority to conduct parking enforcement operations at this location. I have supplied proof that this is untrue.

Attached to this email is a communication from Parking On Private Lands Appeals (POPLA) showing that TPS are unable to prove, neither to myself as the registered keeper, nor an independent arbitrator; POPLA, that they have the legal right to operate on said land.

The attached ruling by POPLA shows that TPS had no landowner contract nor legal standing to form contracts or charge drivers, and worst of all, they fabricated a witness statement in an attempt to prove that they did have this authority. The conclusion of this is that TPS had no reasonable cause to request and use my personal information.

Because the DVLA has enabled this abuse of the database, and my personal information, to take place. I have lost days of my time fighting TPS both directly and through POPLA at real cost to myself, in both time and stress.

I strongly recommend that you terminate any data access agreements you have with this company immediately; unless the DVLA condones enabling malicious third parties to attempt to extort money from innocent drivers, by willingly supplying said companies with innocent driver's personal details; such as their home address.

Precision · 21 September 2015 at 4:00PM

aaand another nail: :cool:

To: aos@britishparking.co.uk
Subject: BPA AOS Member complaint: Gross misconduct

This email is a complaint about BPA AOS member: Total Parking Solutions Ltd.

The said AOS member company (TPS) recently attempted to extort money from myself by pretending to have a valid landowner contract and pretending to have the legal standing to form contracts with, and charge drivers at: Jubilee Retail Park, Weymouth, Dorset. TPS also fabricated evidence in an attempt to poison the outcome of an independent appeal.

Although TPS may operate legitimately and within the BPA: Code of Conduct (BPA:CoC) in other areas of the country, I can prove that this is not the case at said location. Authorisation does not exist for TPS to operate on this land.

After TPS obtained my personal data from the DVLA (despite not meeting the DVLA's requirement of 'Reasonable Cause') , they proceeded to attempt to extort money from myself by mailing speculative invoices to my home address.

Naturally I appealed directly to the member company, who dismissed my appeal without directly addressing my appeal points.

Next I appealed to POPLA, during which, TPS attempted to stifle my efforts for a fair appeal by delivering a 30+ page evidence pack 2 hours before POPLA's the online evidence submission deadline.

Luckily I managed to submit a rebuttal to this evidence pack by contacting POPLA directly; despite there being zero guidance about how to do so. I did not fall for this trick by TPS to silence me during the independent appeal process.

Upon digesting the evidence pack that TPS has supplied, it became apparent that there were numerous breaches of the BPA:CoC present, but worst of all TPS supplied a fabricated Witness Statement to support their case - in conclusion, TPS Supplied fake evidence to an independent appeals arbitrator, this is wholly unacceptable conduct for a AOS member.

Attached to this email is the result of POPLA appeal #xxxxxxxxxx, Produced by POPLA Assessor Nozir Uddin, which proves that your AOS member, TPS, fabricated evidence; namely a Witness Statement.

Additionally, TPS requested my personal details from the DVLA using 'reasonable cause', asserting that they have a valid landowner contract and pretending to have the legal standing to form contracts with, and charge drivers, however, as this appeal shows, this is not the case. TPS are misusing DVLA data to extort innocent motorists, rest assured; I have already lodged a complaint to the DVLA about your rogue member.

This whole experience has made me question the integrity of the AOS Member scheme, and the BPA as a whole; firstly there was the Evidence Fabrication scandal by AOS member UKPC, and now there is this. Is this common behaviour of your members? Do your members routinely fabricate evidence?

What are you going to do about this? Flat out lying to an innocent motorist to extort money, and fabricating evidence to the independent appeals arbitrator with intent to mislead and coerce a favourable decision can be considered nothing more than gross misconduct.

I expect to receive a response with details of sanctions placed on this deceitful operator, although, in light of recent high profile scandals involving AOS members I recommend the BPA demonstrates that it has some credibility left by distancing itself from Total Parking Solutions Ltd, and their deceitful activities, by revoking their AOS member status.

Yours sincerely,

Heather S

Umkomaas · 21 September 2015 at 4:24PM

Brilliant stuff, and just the type of response I have been encouraging anyone to make who has received a POPLA upheld appeal based on the operator not having authority to operate.

I've bookmarked this thread so that I can link other posters in a similar position to two exemplar complaints.

Keep us posted on developments.

Precision · 22 September 2015 at 12:12PM

Initial response from BPA:

BPA-XXXXX

Dear Ms. S,

Thank you for your email and attached copy of the POPLA adjudication.

If we receive evidence of a possible breach of a point raised in the BPA AOS Code of Practice, we will carry out an investigation and request further information from the parking operator concerned. The operator will be required to deal with any issues raised during our investigation, and to provide satisfactory evidence of this having been done.

We have internal processes and a Sanctions Scheme that is applied to all parking operators within our membership, and annual audits are carried out to address any issues that may arise.

We advise in our General Conditions of the BPA AOS Code of Practice section 7 Written authorisation of the landowner the operator must have the written authorisation of the landowner (or their appointed agent before operating on the land in question.

We have contacted Total Parking Solutions Ltd to request further information and once received we shall be in touch.

Thank you for taking the time to bring this to our attention.

Yours sincerely,

AOS Investigations Team

Leigh5t · 22 September 2015 at 12:29PM

Made for good a lunch time read.
Well done.

ampersand · 22 September 2015 at 12:38PM

op - 'If we receive evidence of a possible breach of a point raised in the BPA AOS Code of Practice,'
#
Straight back to BPA / AOS 'investigations team' [:-)], expressing your disappointment and/or castigating them for their failure to absorb that very evidence, which you sent!
#
I also like that they promise to be in touch once they have received themselves.

'to request further information and once this is received we shall be in touch.'

Oh woe! to lit.crit. glory days.

Umkomaas · 22 September 2015 at 12:43PM

Good point @&!

POPLA APPEAL - TPS - Jubilee Retail Park, Weymouth

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