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Reply from POPLA
BASFORDLAD
Posts: 2,418 Forumite
I emailed Popla and asked them wheather you could appeal to the operator on one thing and then appeal to POPLA on additional/different issues:
This is the response from the "project manager" @ London councils
Further to your recent telephone conversations and email.
As you are aware, Assessors at Parking on Private Land Appeals (POPLA) will determine appeals from those who have been issued with parking charge notices in respect of vehicles parked on private land. However, the recipient of the parking charge notice must first have made their case (‘representations’) to the operator who issued it. If the operator rejected these representations, they will have enclosed a POPLA appeal form and verification code with that rejection.
Should the motorist then wish to take the matter to POPLA, the Assessor will decide the appeal by making findings of fact on the basis of the evidence produced by the parties and application of the relevant law. Since no appeals have yet fallen to be decided, we cannot assist as to the type of issues that may arise for Assessors to consider or, obviously, decisions made thereon.
The recipient of the parking charge notice may allow someone else, who might for example be a relative or friend, to appeal on their behalf, should they so wish. However, there can be only one appeal in respect of any one parking charge notice. This must be on the form provided and have the verification code on it. Although, as with the statutory tribunals, non-legally qualified persons and campaigners may hold themselves out to appeal on another’s behalf, the motorist should always be aware that POPLA has no power to award costs to any party, in any circumstances.
Since the motorist genuinely wanting to resolve the matter of a parking charge notice will wish to do so as soon as may be, they should first raise all matters in their representations to the operator. If these are accepted, the motorist will avoid having even to consider whether to proceed to an appeal at POPLA.
We cannot answer for what other parties (whether appellants, operators, campaign groups or anyone else) may have to say about any particular aspect of parking or appeals.
Further information is available on our website but the administrative team are now very busy with preparations for the first appeals and we do not have the time or resources to engage in discussion about possible future decisions. POPLA is unable to provide legal advice to any party.
This is the response from the "project manager" @ London councils
Further to your recent telephone conversations and email.
As you are aware, Assessors at Parking on Private Land Appeals (POPLA) will determine appeals from those who have been issued with parking charge notices in respect of vehicles parked on private land. However, the recipient of the parking charge notice must first have made their case (‘representations’) to the operator who issued it. If the operator rejected these representations, they will have enclosed a POPLA appeal form and verification code with that rejection.
Should the motorist then wish to take the matter to POPLA, the Assessor will decide the appeal by making findings of fact on the basis of the evidence produced by the parties and application of the relevant law. Since no appeals have yet fallen to be decided, we cannot assist as to the type of issues that may arise for Assessors to consider or, obviously, decisions made thereon.
The recipient of the parking charge notice may allow someone else, who might for example be a relative or friend, to appeal on their behalf, should they so wish. However, there can be only one appeal in respect of any one parking charge notice. This must be on the form provided and have the verification code on it. Although, as with the statutory tribunals, non-legally qualified persons and campaigners may hold themselves out to appeal on another’s behalf, the motorist should always be aware that POPLA has no power to award costs to any party, in any circumstances.
Since the motorist genuinely wanting to resolve the matter of a parking charge notice will wish to do so as soon as may be, they should first raise all matters in their representations to the operator. If these are accepted, the motorist will avoid having even to consider whether to proceed to an appeal at POPLA.
We cannot answer for what other parties (whether appellants, operators, campaign groups or anyone else) may have to say about any particular aspect of parking or appeals.
Further information is available on our website but the administrative team are now very busy with preparations for the first appeals and we do not have the time or resources to engage in discussion about possible future decisions. POPLA is unable to provide legal advice to any party.
For everthing else there's mastercard.
For clampers there's Barclaycard.
For clampers there's Barclaycard.
0
Comments
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Well, they don't say 'no'.
Mind you, they don't actually say that much at all there, do they? Its six paragraphs of nothing whatsoever.Je Suis Cecil.0 -
Well, they don't say 'no'.
Mind you, they don't actually say that much at all there, do they? Its six paragraphs of nothing whatsoever.
Its gone round the houses, ive emailed him back asking him to address my point directlyFor everthing else there's mastercard.
For clampers there's Barclaycard.0 -
I thought this bit was rather interesting :
"Should the motorist then wish to take the matter to POPLA, the Assessor will decide the appeal by making findings of fact on the basis of the evidence produced by the parties and application of the relevant law."
So that will be contract law then and the precedence set by the VCS case !All aboard the Gus Bus !0 -
Sounds like its straight out of the BPA training manual.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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Well I should be due my appeal decision real soon so we will see if they uphold my appeal or allow me to go POPLA......0
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Bet they uphold it.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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Its waffle and BS, it basically says 'we havent a clue, we havent done one yet'.0
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Can an outcome be appealed then, popla makes a decision, you disagree with it can you then say I'm not accepting your interpretation and I want to take it further ?Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Can an outcome be appealed then, popla makes a decision, you disagree with it can you then say I'm not accepting your interpretation and I want to take it further ?
Good question.
I doubt as its not a statutory bodyFor everthing else there's mastercard.
For clampers there's Barclaycard.0 -
All that's left AFAIK is ignore, its then down to the ppc if they feel brave enough to try c/court.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
This discussion has been closed.
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