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  • FIRST POST
    • Bryen
    • By Bryen 3rd Oct 16, 6:40 PM
    • 13Posts
    • 10Thanks
    Bryen
    POPLA appeal successful, then reviewed & failed
    • #1
    • 3rd Oct 16, 6:40 PM
    POPLA appeal successful, then reviewed & failed 3rd Oct 16 at 6:40 PM
    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?
Page 1
    • LoveNorfolk
    • By LoveNorfolk 3rd Oct 16, 6:46 PM
    • 173 Posts
    • 199 Thanks
    LoveNorfolk
    • #2
    • 3rd Oct 16, 6:46 PM
    • #2
    • 3rd Oct 16, 6:46 PM
    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
    • By catfunt 3rd Oct 16, 7:03 PM
    • 477 Posts
    • 701 Thanks
    catfunt
    • #3
    • 3rd Oct 16, 7:03 PM
    • #3
    • 3rd Oct 16, 7:03 PM
    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.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
    • Coupon-mad
    • By Coupon-mad 3rd Oct 16, 8:43 PM
    • 40,525 Posts
    • 52,410 Thanks
    Coupon-mad
    • #4
    • 3rd Oct 16, 8:43 PM
    • #4
    • 3rd Oct 16, 8:43 PM
    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?
    Originally posted by Bryen
    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 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.

    • beamerguy
    • By beamerguy 3rd Oct 16, 9:03 PM
    • 4,135 Posts
    • 4,752 Thanks
    beamerguy
    • #5
    • 3rd Oct 16, 9:03 PM
    • #5
    • 3rd Oct 16, 9:03 PM
    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?
    Originally posted by Bryen
    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
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Fruitcake
    • By Fruitcake 3rd Oct 16, 9:07 PM
    • 36,468 Posts
    • 73,302 Thanks
    Fruitcake
    • #6
    • 3rd Oct 16, 9:07 PM
    • #6
    • 3rd Oct 16, 9:07 PM
    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
    Originally posted by beamerguy
    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.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Marktheshark
    • By Marktheshark 3rd Oct 16, 9:10 PM
    • 5,325 Posts
    • 6,676 Thanks
    Marktheshark
    • #7
    • 3rd Oct 16, 9:10 PM
    • #7
    • 3rd Oct 16, 9:10 PM
    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.
    Brexit will become whatever they invent it to be.
    • beamerguy
    • By beamerguy 3rd Oct 16, 9:11 PM
    • 4,135 Posts
    • 4,752 Thanks
    beamerguy
    • #8
    • 3rd Oct 16, 9:11 PM
    • #8
    • 3rd Oct 16, 9:11 PM
    I prefer your original version, incestigation. I think that word sums up the relationship between PoPLA and the parking companies.
    Originally posted by Fruitcake
    I know fruitcake

    CORRUPT is the best word.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • peter_the_piper
    • By peter_the_piper 3rd Oct 16, 9:25 PM
    • 24,279 Posts
    • 29,934 Thanks
    peter_the_piper
    • #9
    • 3rd Oct 16, 9:25 PM
    • #9
    • 3rd Oct 16, 9:25 PM
    As they say their decision is final when you ask them to review a decision then the same must apply to them.
    Millies due back at Christmas.
    • fisherjim
    • By fisherjim 4th Oct 16, 9:01 AM
    • 1,723 Posts
    • 2,370 Thanks
    fisherjim
    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!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • Bryen
    • By Bryen 4th Oct 16, 6:40 PM
    • 13 Posts
    • 10 Thanks
    Bryen
    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?
    • pappa golf
    • By pappa golf 4th Oct 16, 6:47 PM
    • 5,394 Posts
    • 4,930 Thanks
    pappa golf
    they say their decision is final when you ask them to review a decision


    catch 22


    hold on to your evidence , let them try court
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • Coupon-mad
    • By Coupon-mad 5th Oct 16, 1:08 PM
    • 40,525 Posts
    • 52,410 Thanks
    Coupon-mad
    Anyone any experience of a successful complaint to POPLA and what my grounds are for a formal compliant?
    Originally posted by Bryen
    There was one on here in the early Summer where the case was re-heard (Beewi is the username) but it seems the PPC complained in your case and it's been re-heard based on what they spat at POPLA.

    So spit back! Keep it short, address it to Mr Gallagher the Lead Adjudicator. No template, write what happened and email it to him.
    Last edited by Coupon-mad; 11-10-2016 at 7:39 PM.
    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.

    • DollyDee
    • By DollyDee 5th Oct 16, 1:18 PM
    • 623 Posts
    • 639 Thanks
    DollyDee
    I wonder if that is new "Operator information/and evidence". Will OP get a copy and be able to rebut it?
    • iamc12ab
    • By iamc12ab 11th Oct 16, 5:40 PM
    • 13 Posts
    • 10 Thanks
    iamc12ab
    I asked POPLA to review a decision as the operator submitted false evidence. I sent them evidence and pointed out the operators evidence is contradictory, but they refused to reconsider the appeal as apparently they are strictly a one step process and decisions are final.
    • The Slithy Tove
    • By The Slithy Tove 11th Oct 16, 5:45 PM
    • 3,096 Posts
    • 4,387 Thanks
    The Slithy Tove
    as apparently they are strictly a one step process and decisions are final.
    Originally posted by iamc12ab
    Then you should hold their own feet to the fire. TELL them in no uncertain terms that if it's a one step process, then that step found in your favour, and they cannot have a second bite of the cherry. And do this in the form of a formal complaint, which you copy to the BPA. What's good for the goose is good for the gander.
    • pappa golf
    • By pappa golf 11th Oct 16, 5:49 PM
    • 5,394 Posts
    • 4,930 Thanks
    pappa golf
    Then you should hold their own feet to the fire. TELL them in no uncertain terms that if it's a one step process, then that step found in your favour, and they cannot have a second bite of the cherry. And do this in the form of a formal complaint, which you copy to the BPA. What's good for the goose is good for the gander.
    Originally posted by The Slithy Tove

    No , don,t upset them , they will walk out like LC did , and we will have to put up with WH
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • beamerguy
    • By beamerguy 11th Oct 16, 6:45 PM
    • 4,135 Posts
    • 4,752 Thanks
    beamerguy
    No , don,t upset them , they will walk out like LC did , and we will have to put up with WH
    Originally posted by pappa golf
    Let them walk out, if they cannot cope.

    The best person to walk out is TROY and a real CEO taking over
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Bryen
    • By Bryen 12th Oct 16, 5:32 PM
    • 13 Posts
    • 10 Thanks
    Bryen
    Quick Update, still waiting
    Its been ten days since POPLA said they were posting out their revised appeal verdict. The web-site has been showing Operator Evidence submission all that time. I will complain if they do reject my Appeal and would like your help on grounds for a successful Appeal.

    My thoughts are:

    Appeal meant to be final, and I have print out saying appeal allowed.

    How did review get initiated?

    Have I seen the evidence that was "missing"?

    What were grounds to ignore previous assessor statement that he could see a ticket on the NSGL photos.

    Why were my photos ignored?

    Why was my witness statement ignored?

    Any other grounds to Appeal?

    If I loose I 'll be quite happy to take my evidence to court.
    • peter_the_piper
    • By peter_the_piper 12th Oct 16, 6:04 PM
    • 24,279 Posts
    • 29,934 Thanks
    peter_the_piper
    This is bonkers. I one way I would love this to go to court as they should be torn to shreds.
    Millies due back at Christmas.
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