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  • FIRST POST
    • Aaron Aadvark
    • By Aaron Aadvark 9th Mar 13, 5:49 PM
    • 231Posts
    • 409Thanks
    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 130
    • Umkomaas
    • By Umkomaas 16th Mar 17, 7:14 AM
    • 13,142 Posts
    • 20,525 Thanks
    Umkomaas
    they could and would interpret 'ambiguous' words in their way.
    As in:
    While the charge in this instance was £100; this is in the region of the £85 charge decided on by the Supreme Court.
    On what authority do the come to this decision?

    And their rationale has always been rational !!.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Myriddin
    • By Myriddin 18th Mar 17, 7:08 PM
    • 199 Posts
    • 384 Thanks
    Myriddin
    Had 2 more uncontested POPLA appeals against Civil Enforcement Ltd - as usual they left it to the very last day to withdraw. That's a dozen now from the same site with the same result each time. What a tedious bunch of muppets!

    I'm beginning to wonder if they even look at these appeals! I might submit the next one in binary code!
    '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.
    • bergkamp
    • By bergkamp 23rd Mar 17, 12:55 PM
    • 32 Posts
    • 47 Thanks
    bergkamp
    Decision

    Successful

    Assessor Name

    Daniel Kelley

    Assessor summary of operator case

    The operator’s case is that the appellant remained on site for longer than permitted.

    Assessor summary of your case

    The appellant’s case is that they were a genuine user of the facilities on the day in question. The appellant advises they supplied the operator with receipts as the operator allows ‘Genuine customers’ to have the Parking Charge Notice’s (PCN) cancelled. The appellant advises the signage on site does no advise customer of this secret clause. The appellant has requested to see the contract between the landowner and the operator, to see the 'discretionary criteria'. The appellant has provided examples of PCN’s that have been cancelled by the operator.

    Assessor supporting rational for decision

    After reviewing the evidence provided by both parties, I am not satisfied that the driver of the vehicle has been identified. The operator is therefore pursuing the registered keeper of the vehicle in this instance. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle to the registered keeper of the vehicle, the regulations laid out in the Protection of Freedoms Act (PoFA) 2012 must be adhered to. The operator has provided a copy of the Notice to Keeper sent. As the driver of the vehicle has not been identified, the Notice to Keeper will need to comply with section 9 of PoFA 2012. Having reviewed the evidence provided by the operator, I am satisfied that the Notice to Keeper has complied with the requirements of PoFA 2012. Therefore, I am satisfied that the operator can transfer the liability for the unpaid parking charge to the registered keeper of the vehicle. The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Parking limited to 1 ½ hours…Failure to comply with the following will result in a Parking Charge of £70”. The car park in question is monitored by Automatic Number Plate Recognition (ANPR) cameras. The operator has provided photographic evidence of the appellant’s vehicle entering the site at 14:04 and exiting the site at 15:45. The images captured by the ANPR cameras confirm that the appellant remained on site for a total of one hour and 41 minutes. The operator has issued the PCN as the appellant remained on site for longer than permitted. The appellant in their statement has raised a number of grounds for appeal however; I will concentrate my report on landowner authority. In terms of POPLA appeals, the burden of proof belongs with the operator to demonstrate it has issued the PCN correctly.
    The operator in this case has not provided me with either a contract with the landowner or a witness statement. I am therefore unable to confirm that the operator has the authority to issue PCN’s on this site. As such, I cannot confirm that the PCN was issued correctly. Accordingly, I must allow the appeal.
    This decision was supposed to be based on the genuine shopper hidden clause....


    http://forums.moneysavingexpert.com/showthread.php?t=5599997
    • devonlad
    • By devonlad 24th Mar 17, 2:50 PM
    • 3,097 Posts
    • 8,224 Thanks
    devonlad
    I won mine against premier park today !!!!
    Thanks to you all.
    Tempted to call into their office now and tell them a thing or two
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • devonlad
    • By devonlad 24th Mar 17, 2:54 PM
    • 3,097 Posts
    • 8,224 Thanks
    devonlad
    Mine didn't even get reviewed by the poplar team. It just states pp withdrawn the claim
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • beamerguy
    • By beamerguy 24th Mar 17, 2:56 PM
    • 5,291 Posts
    • 6,719 Thanks
    beamerguy
    I won mine against premier park today !!!!
    Thanks to you all.
    Tempted to call into their office now and tell them a thing or two
    Originally posted by devonlad
    Well done.

    No point to go to their offices, you will probably find monkeys sitting around.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • devonlad
    • By devonlad 24th Mar 17, 3:02 PM
    • 3,097 Posts
    • 8,224 Thanks
    devonlad
    But I could tease them with a banana
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • Computersaysno
    • By Computersaysno 24th Mar 17, 3:03 PM
    • 757 Posts
    • 565 Thanks
    Computersaysno
    Mine didn't even get reviewed by the poplar team. It just states pp withdrawn the claim
    Originally posted by devonlad

    Because if the ppc knows it's going to lose, the smart ones withdraw the claim and popla doesn't get paid anything.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • devonlad
    • By devonlad 24th Mar 17, 4:08 PM
    • 3,097 Posts
    • 8,224 Thanks
    devonlad
    Because if the ppc knows it's going to lose, the smart ones withdraw the claim and popla doesn't get paid anything.
    Originally posted by Computersaysno
    Oh that's a shame so they don't get to pay £28.
    Does it also mean that they saw my appeal to popla if so, is that fair because that seems wrong. They had my first appeal which they rejected. They can pick and choose what they think is a good chance for them to win
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • Fruitcake
    • By Fruitcake 24th Mar 17, 5:33 PM
    • 39,224 Posts
    • 78,366 Thanks
    Fruitcake
    Oh that's a shame so they don't get to pay £28.
    Does it also mean that they saw my appeal to popla if so, is that fair because that seems wrong. They had my first appeal which they rejected. They can pick and choose what they think is a good chance for them to win
    Originally posted by devonlad
    It seems the scammers have finally caught on that they will lose a well researched appeal and so withdraw and tell PoPLA they don't want to proceed.

    PoPLA are not happy with this situation because they do all the up front work but don't get paid. Oh dear, how sad, never mind. There is talk however that they want to change this so they still get some money.
    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
    • beamerguy
    • By beamerguy 24th Mar 17, 6:07 PM
    • 5,291 Posts
    • 6,719 Thanks
    beamerguy
    Oh that's a shame so they don't get to pay £28.
    Does it also mean that they saw my appeal to popla if so, is that fair because that seems wrong. They had my first appeal which they rejected. They can pick and choose what they think is a good chance for them to win
    Originally posted by devonlad
    You are talking about muppet world here ?

    The PPC rejected your appeal because it's all part of the scam
    They probably never read it.

    POPLA of course showed them your appeal and the PPC realised they had lost.

    Money wise, there are two losers and one winner

    PPC - LOSER
    POPLA - LOSER
    YOU - WINNER
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • devonlad
    • By devonlad 25th Mar 17, 10:53 AM
    • 3,097 Posts
    • 8,224 Thanks
    devonlad
    Still smiling down here. Thanks
    The word about the scammers is spreading like marmite here in the westcountry.
    We workers all love it and the ppc hate it
    • Joe Bloggss
    • By Joe Bloggss 4th Apr 17, 10:00 PM
    • 28 Posts
    • 27 Thanks
    Joe Bloggss
    Had an appeal I was dealing with. Used all of the advice in the Newbies thread and won my appeal! Thanks Forum!
    • Umkomaas
    • By Umkomaas 5th Apr 17, 7:19 AM
    • 13,142 Posts
    • 20,525 Thanks
    Umkomaas
    Had an appeal I was dealing with. Used all of the advice in the Newbies thread and won my appeal! Thanks Forum!
    Originally posted by Joe Bloggss
    This is a different case to the thread about Parking & Property Management you currently have running?

    Any more details on this POPLA appeal, like who us the PPC and on what grounds did you beat them?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Joe Bloggss
    • By Joe Bloggss 5th Apr 17, 11:09 AM
    • 28 Posts
    • 27 Thanks
    Joe Bloggss
    Yes unfortunately I did not have the justice of being able to appeal that one through POPLA and as such I am left to fight that one in court. Thus showing the fairness of the IPC and IAS.

    Details of POPLA Appeal below. This was against One Parking Solution/Limited.

    Decision Successful
    Assessor Name Gemma West
    Assessor summary of operator case
    The operator’s case is that the appellant failed to display a valid permit.

    Assessor summary of your case
    The appellant states the notice to keeper does not meet the requirements set by the Protection of Freedom’s Act 2012. He explains the operator has not shown the individual of who is liable for the charge. The appellant states no contract was entered into with the driver or the registered keeper. He explains the signage at the site is not clear and does not meet the requirements set by the British Parking Association Code of Practice.

    Assessor supporting rational for decision
    The operator has provided photographic evidence of the terms and conditions of the car park which state “Parking is permitted for: Vehicles fully and clearly displaying a valid permit in the front windscreen and fully parked within the confines of a marked bay…By parking or remaining at this site otherwise than in accordance with the above, you the driver are agreeing to the following contractual terms: You agree to pay a ‘Parking Charge Notice (PCN) in the sum of £100”. The operator states it issued the Parking Charge Notice (PCN) as the appellant failed to display a valid permit. The appellant states the notice to keeper does not meet the requirements set by the Protection of Freedom’s Act 2012. He explains the operator has not shown the individual of who is liable for the charge. After reviewing the evidence provided by both parties, I am not satisfied that the appellant has been identified as the driver of the vehicle in question at the time of the relevant parking event. The operator is therefore pursuing the appellant as the Registered Keeper of the vehicle in this instance. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle, to the registered keeper of the vehicle, the regulations laid out in the Protection of Freedoms Act (PoFA) 2012 must be adhered to. The operator has provided me with a copy of the Notice to Keeper sent to the appellant. Schedule 4 Paragraph 9 (2) (f) states the notice must: “warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given”. On review of the Notice to Keeper I am not satisfied the operator has met the requirements set by the BPA Code of Practice. As such, I am not satisfied the PCN meets the requirements set by PoFA 2012. I must allow the appeal. I note the appellant has raised further grounds of appeal; however as I have allowed the appeal on the above basis it is not requirement to consider the further grounds of appeal.
    • Umkomaas
    • By Umkomaas 5th Apr 17, 11:14 AM
    • 13,142 Posts
    • 20,525 Thanks
    Umkomaas
    Nice one!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Joe Bloggss
    • By Joe Bloggss 5th Apr 17, 11:32 AM
    • 28 Posts
    • 27 Thanks
    Joe Bloggss
    Cheers. Was so happy when I saw it was successful. Goes to show that having an appeal service that isn't corrupt that we can get the right results.
    Thanks again.
    • MIkeb
    • By MIkeb 6th Apr 17, 11:31 AM
    • 1 Posts
    • 5 Thanks
    MIkeb
    Ukpc
    Thank you everyone that has posted info on this forum. I have just appealed with POPLA using information provided through this forum and the Parking Prankster site. This was a UKPC parking ticket that should never have been issued in the first place. However once issued you do have to fight it. UKPC rejected my appeal to them with what looked like a standard letter not even mentioning my appeal points.
    I contacted the land owners agent who I don't believe is able to cancel directly but put some pressure on.
    Apart from the obvious reasons regarding the signs I also included other items that I had gleaned from this site. Such as questioning their authority to issue the charge. I requested a copy of the contract or letter of authority with a valid start and end date.
    I think the more points you can include will help your case. UKPC are not contesting my POPLA appeal.
    • Umkomaas
    • By Umkomaas 6th Apr 17, 1:13 PM
    • 13,142 Posts
    • 20,525 Thanks
    Umkomaas
    Well done MIkeb. Another fine example of good research work and good use of the forum resources, without needing any advice from regulars.

    Shows it really can be done. Hat tip, sir.
    Last edited by Umkomaas; 06-04-2017 at 1:15 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • sods_law
    • By sods_law 6th Apr 17, 5:39 PM
    • 14 Posts
    • 11 Thanks
    sods_law
    Had a letter from UKPC today informing me they have cancelled their Parking Charge following my POPLA appeal

    Thanks forum!
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