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POPLA appeal successful, then reviewed & failed

I have a appealed a PCN for not displaying a valid parking ticket as I have photographic and witness evidence that a valid ticket was visible on my dashboard.

Last week my appeal was allowed. Result.

Today I get an email from POPLA "some evidence was missed by the assessor" and they will review the appeal. Then I get another email saying the Appeal decision is on the Portal. It isn't but the previous Decision has been removed. I rang to seek clarity and was told I had now lost the Appeal.

This seems unfair as I thought the decision was final and can't get a third opinion. Can the parking operator influence the decision or request a review?

What can I do now? Pay up and put it down to (bad) experience?
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Comments

  • If you have proof, I would go all the way to court, you have proof so why let abhorrent people like PPC's win?

    As for the actual PoPLA appeal, I have no experince, so cannot help on that bit I'm afraid. :)
  • catfunt
    catfunt Posts: 624 Forumite
    Combo Breaker First Post First Anniversary
    Did you have the chance to rebut the evidence provided by the parking operator? If so, did you send a rebuttal?

    What needs to be seen by those tho can offer advice on ere is:

    The original appeal you sent,
    a summary of the evidence provided by the operator,
    The text of any rebuttal you sent.

    If you were not sent the evidence provided by the operator and not offered the chance to comment on it to POPLA, then something has failed.
  • Coupon-mad
    Coupon-mad Posts: 131,561 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Bryen wrote: »
    I have a appealed a PCN for not displaying a valid parking ticket as I have photographic and witness evidence that a valid ticket was visible on my dashboard.

    Last week my appeal was allowed. Result.

    Today I get an email from POPLA "some evidence was missed by the assessor" and they will review the appeal. Then I get another email saying the Appeal decision is on the Portal. It isn't but the previous Decision has been removed. I rang to seek clarity and was told I had now lost the Appeal.

    This seems unfair as I thought the decision was final and can't get a third opinion. Can the parking operator influence the decision or request a review?

    What can I do now? Pay up and put it down to (bad) experience?

    Which PPC was this? DO NOT PAY. This is worthy of a complaint and can certainly be defended in court if this is a litigious PPC (not all are).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Bryen wrote: »
    I have a appealed a PCN for not displaying a valid parking ticket as I have photographic and witness evidence that a valid ticket was visible on my dashboard.

    Last week my appeal was allowed. Result.

    Today I get an email from POPLA "some evidence was missed by the assessor" and they will review the appeal. Then I get another email saying the Appeal decision is on the Portal. It isn't but the previous Decision has been removed. I rang to seek clarity and was told I had now lost the Appeal.

    This seems unfair as I thought the decision was final and can't get a third opinion. Can the parking operator influence the decision or request a review?

    What can I do now? Pay up and put it down to (bad) experience?

    Are POPLA taking the p*ss ????

    It is not your problem that evidence was missed by the assessor
    Their job is to ensure they have all paperwork from both parties before they access.

    POPLA is on trust to act in a responsible manner
    Who told this assessor that evidence was missed ???
    MAYBE IT WAS THE PPC ?

    You need to open an investigation with POPLA as this smells bad
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
    Name Dropper Photogenic First Anniversary First Post
    beamerguy wrote: »
    Are POPLA taking the p*ss ????

    It is not your problem that evidence was missed by the assessor
    Their job is to ensure they have all paperwork from both parties before they access.

    POPLA is on trust to act in a responsible manner
    Who told this assessor that evidence was missed ???
    MAYBE IT WAS THE PPC ?

    You need to open an investigation with POPLA as this smells bad

    I prefer your original version, incestigation. I think that word sums up the relationship between PoPLA and the parking companies.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    First Post Combo Breaker First Anniversary
    I think we are beginning to see that this new POPLA is as unfit for purpose as the IPC IAS, they are fast approaching the level at which they are not worth appealing to.
    I do Contracts, all day every day.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    First Anniversary Photogenic Name Dropper First Post
    Fruitcake wrote: »
    I prefer your original version, incestigation. I think that word sums up the relationship between PoPLA and the parking companies.

    I know fruitcake

    CORRUPT is the best word.
  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
    Name Dropper First Anniversary First Post
    As they say their decision is final when you ask them to review a decision then the same must apply to them.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • fisherjim
    fisherjim Posts: 6,032 Forumite
    Photogenic First Anniversary Name Dropper First Post
    If you have photographic, and witness evidence that a valid ticket was on display, what evidence did the scumsters provide that disproved that, they must inform you.

    It's interesting that this sham appeals service have regularly over-looked motorists appeal points and evidence, and given conflicting results against the same arguments, but here apparently go back looking for PPC's evidence..

    No better than the dodgy bunch that employ them, more fishy smells than Brixham!
  • Bryen
    Bryen Posts: 24 Forumite
    First Anniversary Combo Breaker
    Thanks for comments. Some answers below.
    PCN was from NSGL at Gloucester South Docks. Failure to display a valid ticket. I appealed to NSGL naively thinking a photo of a valid ticket on my dashboard and two witness names and addresses would do the trick. That appeal failed.

    NSGL have photos of my car from several angles showing no ticket and/or reflections. I have photos from other angles clearly showing a valid ticket and a witness statement
    I then appealed to POPLA. I commented on NSGL evidence to rebut it and thought I'd won as POPLA initially decided in my favour. Haven't got the decision yet officially as web-site is back at "Operator Information & Evidence Stage", having previously been decided, but told appeal rejected when they found some "missed" evidence.
    Anyone any experience of a successful complaint to POPLA and what my grounds are for a formal compliant?
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