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    • Aaron Aadvark
    • By Aaron Aadvark 9th Mar 13, 5:49 PM
    • 227Posts
    • 399Thanks
    Aaron Aadvark
    POPLA Decisions
    • #1
    • 9th Mar 13, 5:49 PM
    POPLA Decisions 9th Mar 13 at 5:49 PM
    MSE Official Insert:

    Read our MoneySaving UK Travel & Transport guides to save more including Fight Private Parking Tickets and Parking Ticket Appeals.

    Back to Aaron Aadvark's original post....


    This thread is intended to be a compilation of all published POPLA decisions.

    Please add any decisions you are aware of.

    Please do not post requests for advice on this thread.

    Please start a new thread if you are looking advice.
    Last edited by MSE Andrea; 12-09-2014 at 1:55 PM.
Page 121
    • Fruitcake
    • By Fruitcake 18th Oct 16, 8:40 PM
    • 35,819 Posts
    • 72,203 Thanks
    Just got a ticket today parking in a public car park at a university. Signs said not for staff and students, I am neither. Ticket was put on my car by a covert operative and the uni security office said that as I went out of the car park onto the campus I was not visiting the area the car park was for. I was going to drop something of at a friend and then we went for a sandwich and coffee at the place the car park is supposedly for. I have a receipt for the food we bought 38 mins after the ticket was issued. The ticker is issued by First Parking LLP. I am going to appeal as just because I went onto the campus first I was visiting the relevant area. Any thoughts folks?
    Originally posted by ianr1950

    As advised, please read the Sticky thread for NEWBIES then start your own thread. Do not do anything else until you have read and understood this. Do not appeal too early and do not under any circumstances reveal who was driving, either on MSE or in your appeal.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Fruitcake
    • By Fruitcake 18th Oct 16, 8:42 PM
    • 35,819 Posts
    • 72,203 Thanks
    Coupon Mad - I'm usually pretty good at navigating around websites, but I struggled on the forum.... not sure if it was because I wasn't a member until today. I tried on the iPad and on my android phone but still struggled to find relevant threads (including searching key words).

    Ralph y - I've had a quick look - do I just send a letter to Teresa May on the template?
    Originally posted by Lizlou72
    Many people have problems with this site unless they are on proper PC. No offence meant but you may well miss vital information on a 'phone.

    You are looking for, "This demands a new thread ..." and/or go to the BMPA website.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • smiledotcom
    • By smiledotcom 18th Oct 16, 10:42 PM
    • 18 Posts
    • 16 Thanks
    Successful POPLA appeal
    This was a successful POPLA appeal against a CP Plus ticket that I received at my place of work - an NHS Hospital.

    This is what the appeal decision stated:

    Assessor NameDaniel Kelley
    Assessor summary of operator case
    The operatorís case is that the appellant parked on site failing to display a valid parking permit.

    Assessor summary of your case
    The appellantís case is that the operator has not complied with Protections of Freedoms Act 2012. The appellant states the signs at the site in question are not prominent, clear or legible. The appellant states the operator does not have the authority to issue Parking Charge Notices (PCN).

    Assessor supporting rational for decision
    I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeperís address. I note the operatorís confirmation that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in its mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence we have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge.

    Good luck to anyone else and a big THANK YOU to those who advised me along the process to this successful appeal.
    • Coupon-mad
    • By Coupon-mad 18th Oct 16, 11:43 PM
    • 39,372 Posts
    • 50,940 Thanks
    Great news, and quite right because CP Plus NTKs are 'driver only' ones.

    This is not the first time we've seen POPLA Assessors make this very worrying comment:

    ''I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeper’s address.'''a almost as if some idiot has trained these Assessors to think that a keeper is perhaps 'not entitled' to appeal, if only a windscreen PCN was issued. Astonishing that they feel they have to say this rubbish. A keeper is ALWAYS entitled to appeal of course.

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • patts1090
    • By patts1090 20th Oct 16, 9:11 PM
    • 2 Posts
    • 0 Thanks
    relevant land
    this is interesting Just had 2 cases rejected on the relevant land issue . What to do now ??
    • Ralph-y
    • By Ralph-y 21st Oct 16, 8:58 AM
    • 2,160 Posts
    • 2,608 Thanks
    please start a new thread for advice

    look for the new thread button here (top left)

    and we will need more details ..... what did you say in your appeal?

    • pmlist
    • By pmlist 21st Oct 16, 11:25 PM
    • 7 Posts
    • 11 Thanks
    Successful POPLA appeal: PCN for Dropping Off outside designated area Luton Airport
    I just had notification from POPLA that the appeal was successful.

    The wording from POPLA was as below:

    Assessor summary of operator case: The operator has supplied no evidence.

    Assessor summary of your case: The appellant has raised several grounds for appeal including signage.

    Assessor supporting rational for decision: By issuing the appellant with a Parking Charge Notice (PCN), the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. It is the duty of the operator to provide evidence to POPLA of the terms and conditions that the appellant did not comply with. The operator has not provided any evidence to POPLA. As the operator has not provided a response to the appeal, it has not demonstrated that the PCN is valid. Accordingly, I must allow this appeal.

    Big thanks to Coupon-mad and everyone else who posted all the useful information on this site.
    • Fatal Swan
    • By Fatal Swan 24th Oct 16, 9:45 AM
    • 255 Posts
    • 195 Thanks
    Fatal Swan
    I just found out my POPLA appeal against Britannia Parking was successful (within 4 working days of submission!) when the operator did not contest the appeal. Many thanks to all the knowledgeable, helpful and supportive people on this board.

    My main basis for appeal was that the NTK that Britannia sent (which was very sloppily written!) did not comply with section 9 of PoFA 2012, in particular the following information was absent:

    "The notice must – f) warn the keeper that if, after the period of 28 days... the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid."

    Further details and my POPLA submission text here, in case it's useful to others:
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