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  • FIRST POST
    • Aaron Aadvark
    • By Aaron Aadvark 9th Mar 13, 5:49 PM
    • 228Posts
    • 403Thanks
    Aaron Aadvark
    POPLA Decisions
    • #1
    • 9th Mar 13, 5:49 PM
    POPLA Decisions 9th Mar 13 at 5:49 PM
    MSE Note:

    Hi! Please don't post any private details (yours or other peoples) on the forum for privacy reasons. Thanks!

    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; 28-10-2016 at 9:29 AM.
Page 121
    • Fruitcake
    • By Fruitcake 18th Oct 16, 8:40 PM
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    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
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    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
    • 23 Posts
    • 18 Thanks
    smiledotcom
    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:

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

    Assessor summary of your case
    The appellant’s 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 keeper’s address. I note the operator’s 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
    • 40,488 Posts
    • 52,385 Thanks
    Coupon-mad
    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.''

    ...it'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.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    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
    patts1090
    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
    • 2,242 Posts
    • 2,725 Thanks
    Ralph-y
    please start a new thread for advice

    look for the new thread button here (top left)

    http://forums.moneysavingexpert.com/forumdisplay.php?f=163

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

    Ralph
    • pmlist
    • By pmlist 21st Oct 16, 11:25 PM
    • 7 Posts
    • 13 Thanks
    pmlist
    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
    • 196 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: http://forums.moneysavingexpert.com/showthread.php?t=5541331
    • MSE Andrea
    • By MSE Andrea 27th Oct 16, 10:49 AM
    • 7,905 Posts
    • 19,722 Thanks
    MSE Andrea
    Hi everyone

    Just a reminder not to post people's personal details anywhere on the Forum. If you're new to the Forum it's well worth having a read of our Forum Rules before you carry on posting.

    Thank you!

    Follow MSE on other Social Media:
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    • garricw
    • By garricw 27th Oct 16, 12:44 PM
    • 27 Posts
    • 19 Thanks
    garricw
    Euro Car Parks
    Thanks guys, followed the sticky

    Decision: Successful
    Assessor Name: {Removed by MSE Forum Team - please do not name staff - thanks}

    Assessor summary of operator case
    The operator has failed to provide any evidence in relation to this Parking Charge Notice (PCN).

    Assessor summary of your case
    The appellant has disputed the operator complying with the provisions of Protection of Freedoms Act (2012) and advised there is a lack of signage at the site. They have questioned the operator’s authority to operate on the land and advised a grace period has not been considered. The appellant has disputed the accuracy of the automatic number plate recognition cameras.

    Assessor supporting rational for decision
    I note the appellant’s grounds of appeal in relation to this PCN. However, the operator has failed to provide any evidence for my consideration. Because of this, the operator has failed to prove that it issued the PCN correctly. Therefore, I am satisfied that the appellant’s grounds of appeal do not require any further consideration.
    Last edited by MSE Andrea; 28-10-2016 at 9:24 AM.
    • Kitty25
    • By Kitty25 29th Oct 16, 6:49 PM
    • 16 Posts
    • 20 Thanks
    Kitty25
    Successful appeal : PCN APCOA Luton. Alleged contravention of dropping off/picking up outside of a designated parking area.

    Receiving this email from POPLA two days after appealing.

    Dear *** *********

    Thank you for submitting your parking charge Appeal to POPLA.

    An Appeal has been opened with the reference **************

    APCOA Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Yours sincerely

    POPLA Team


    Link to my tread and to view the appeal letter is here: - http://forums.moneysavingexpert.com/showthread.php?t=5528294&page=2&highlight=kitty25

    Thanks again everyone
    • Umkomaas
    • By Umkomaas 29th Oct 16, 9:13 PM
    • 10,991 Posts
    • 16,401 Thanks
    Umkomaas
    Yet another forum assisted appeal that APCOA has run away from. Well done on seeing this through.

    They're obviously very nervous on the 'not relevant land' issue.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • amg5292
    • By amg5292 31st Oct 16, 11:17 AM
    • 1 Posts
    • 0 Thanks
    amg5292
    Help needed
    Hi guys,

    Basically, I live in York and limited parking is an issue, my flat is in a complex in which some owners have alotted parking spaces and a number of 'visitors' spots are available otherwise. Our flat does not have an alotted space and therefore we use our visitors pass and park in the visitors spots on a first come first served basis. Recently the parking terms changed and on close inspection the sign says that you cannot park in the spot for more than 24 hours (an issue in itself because when guests come they rarely stay for only 24 hours, for instance over weekends). I have been issued with a parking ticket at 07:35 on sunday 17th July 2016 for overstaying, i know for a fact that i will have been in the spot on the morning of 16/7/16 when the attendent will have registered the car and then the next morning at 07:35 i will also have been in the spot assuming i had stayed more than 24 hours. I know that i went out that day and returned to the spot afterwards, I inspected the terms further and it states that you are not allowed to return within 12 hours. My concern is that the parking charge is £155, for parking in a spot that i had clearly displayed my permit for, and the 'overstay' is not likely to have been more than 2 hours (unless they started work at 05:00), i feel that this is highly disproportionate to any potential loss of business/earnings especially given this is an enforcement that we were told was to prohibit city-visitors using spaces that weren't permitted. I ignored the ticket initially, however i have now recieved a letter from a solicitor as well as a claim form from a court.

    I would really appreciate any help with this - a bit out of my depth to say the least! I don't want to get bullied into paying extortionate amounts of money for parking outside my own home!
    • Umkomaas
    • By Umkomaas 31st Oct 16, 11:28 AM
    • 10,991 Posts
    • 16,401 Thanks
    Umkomaas
    Hi guys,

    Basically, I live in York and limited parking is an issue, my flat is in a complex in which some owners have alotted parking spaces and a number of 'visitors' spots are available otherwise. Our flat does not have an alotted space and therefore we use our visitors pass and park in the visitors spots on a first come first served basis. Recently the parking terms changed and on close inspection the sign says that you cannot park in the spot for more than 24 hours (an issue in itself because when guests come they rarely stay for only 24 hours, for instance over weekends). I have been issued with a parking ticket at 07:35 on sunday 17th July 2016 for overstaying, i know for a fact that i will have been in the spot on the morning of 16/7/16 when the attendent will have registered the car and then the next morning at 07:35 i will also have been in the spot assuming i had stayed more than 24 hours. I know that i went out that day and returned to the spot afterwards, I inspected the terms further and it states that you are not allowed to return within 12 hours. My concern is that the parking charge is £155, for parking in a spot that i had clearly displayed my permit for, and the 'overstay' is not likely to have been more than 2 hours (unless they started work at 05:00), i feel that this is highly disproportionate to any potential loss of business/earnings especially given this is an enforcement that we were told was to prohibit city-visitors using spaces that weren't permitted. I ignored the ticket initially, however i have now recieved a letter from a solicitor as well as a claim form from a court.

    I would really appreciate any help with this - a bit out of my depth to say the least! I don't want to get bullied into paying extortionate amounts of money for parking outside my own home!
    Originally posted by amg5292
    Wrong place to post this. Please start a new thread of your own, but PLEASE use that 'return' button to create paragraphs. No one will want to read a wall of text like that and try to understand what you're asking.

    Before any of that, please read the NEWBIES FAQ sticky, which tells you how to deal with this, then tell us where it fails to answer your questions.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • mamamia11
    • By mamamia11 2nd Nov 16, 11:09 AM
    • 39 Posts
    • 20 Thanks
    mamamia11
    ParkingEye charge - Pokemon hunting Town Quay Southampton
    http://forums.moneysavingexpert.com/showthread.php?t=5509591

    Decision Successful
    Assessor Name XXXXXX
    Assessor summary of operator case
    The operator’s case is that the Parking Charge Notice (PCN) was issued due to either insufficient paring time being purchased or by remaining at the car park longer than permitted.

    Assessor summary of your case
    The appellant’s case is that the driver has not been identified and the Parking charge notice (PCN) is not compliant with the Protection of Freedoms Act (PoFA) 2012. The appellant has advised that they do not believe the operator has authority to form contracts with drivers and that the signs are not legible or clear and there is insufficient notice of the sum of the parking charge. Lastly, the appellant has advised Parking at Southampton Town Quay is subject to statutory control and Driving round a car park is not parking.

    Assessor supporting rational for decision
    After reviewing the evidence provided by both parties, I am not satisfied that, the appellant has been identified as the driver of the vehicle at the time of the relevant parking event. The operator in this case has issued a Parking Charge Notice (PCN) to the keeper of the vehicle, and I am therefore satisfied that the keeper of the vehicle is entitled to appeal the validity of the PCN. As section 21.9 of the British Parking Association (BPA) Code of Practice states, “it’s the driver’s responsibility to pay the PCN”. I note that the operator has not referenced that they are attempting to transfer the liability for the PCN from the driver of the vehicle to the keeper of the vehicle using the Protections of Freedoms Act 2012 (PoFA 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 of the vehicle is, based on the evidence that I have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver of the vehicle. 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.


    Thank you all so much for your patience and help - couldn't have done it without you.
    • Ralph-y
    • By Ralph-y 2nd Nov 16, 11:59 AM
    • 2,242 Posts
    • 2,725 Thanks
    Ralph-y
    well done ....

    will you kindly concider the below


    This is a campaign of asking people to keep sending Theresa May actual hard copies of the trash they've been deluged with. Let her advisers' desks overflow with annoying paperwork re PPCs.

    No emails, all letters from genuine people pouring their hearts out. Write to your MP as well as Mrs May:

    https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

    The more the better, write it yourself if you are able and enclose copies of the threatograms and rubbish thrown at you.

    Do not do this by email - make your paperwork land with a thump on desks, just like it all landed in a very unwelcome way on your doormat.

    Apparently the DCLG are looking to make an announcement before the year end so let's make MP's and Mrs May aware that action needs to be strong. You can be sure that the BPA and IPC suits are lobbying Parliament and meeting their friends in suits.

    So let the consumers' voices be heard.






    thanks

    Ralph
    • maomaomylove
    • By maomaomylove 2nd Nov 16, 9:21 PM
    • 16 Posts
    • 16 Thanks
    maomaomylove
    Successful POPLA appeal - ParkingEye PCN - broken ticket machine
    Thread asking for help and getting a POPLA appeal letter is below:

    http://forums.moneysavingexpert.com/showthread.php?t=5538581#topofpage

    Received the reply from POPLA today, and it said:

    Dear XXXX

    Thank you for submitting your parking charge Appeal to POPLA.

    An Appeal has been opened with the reference XXXXXXXXXX.

    Parking Eye Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

    Yours sincerely

    POPLA Team


    Many many thanks to MSE, coupon-mad and everyone here to help me win this case!!!
    • AJRawlins
    • By AJRawlins 4th Nov 16, 9:22 PM
    • 25 Posts
    • 23 Thanks
    AJRawlins
    Posting about a victorious win against PE.
    Received an e-mail from POPLA stating appeal upheld due to PE not wishing to contest it, yet PE rejected my appeal to them, also received an e-mail from PE cancelling the charge.
    Below is a link to the thread( hope it works as not sure how to link)

    http://forums.moneysavingexpert.com/showthread.php?t=5525059&page=3#topofpage
    • sodajazz
    • By sodajazz 5th Nov 16, 12:39 AM
    • 59 Posts
    • 298 Thanks
    sodajazz
    Would love to know what PE are playing at.
    Like the last post, I appealed to PE they rejected it and sent popla code.
    Put in the appeal to popla and PE emailed today to say it has been cancelled and no further action will be taken.
    I really wanted a popla desicion but hey ho I'll take that win.
    • johford997
    • By johford997 9th Nov 16, 5:37 PM
    • 1 Posts
    • 1 Thanks
    johford997
    I have a POPLA appeal accepted. Where do you want a copy of it placing?
    I have a Popla appeal accepted. Where would you like it placing on this thread. I am new here, but did have a quick browse when looking to how to appeal.

    I think my appeal was accepted because Parking Solutions 24 actually sent the wrong case file of someone else which IMO breached the Data Protection Act
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