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  • FIRST POST
    • Aaron Aadvark
    • By Aaron Aadvark 9th Mar 13, 5:49 PM
    • 230Posts
    • 408Thanks
    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
    • 11,784 Posts
    • 17,929 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 !!.
    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.
    • Myriddin
    • By Myriddin 18th Mar 17, 7:08 PM
    • 193 Posts
    • 370 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
    • 26 Posts
    • 37 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
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