Parking Charge Notice-P4parking-problem with appeal

annaspanna

I just wanted to update and say there is still no reply from POPLA regarding my appeal for this ticket. In the meantime a friend who knows someone living on the same estate advised me she was told by him that the visitor parking was indeed for visitors (and he is resident there!!!) so clearly I was not the only person who was unclear.
Anyway, POPLA said I would hear on or shortly after the 8th May so in some respects am hoping the delay is indicative that P$parking have not answered the appeal, but on the otherhand they could have sent so much information in defence of their case that its taking POPLA a while to correlate it all ;-) I will update when there is a response.

Umkomaas

annaspanna wrote: »

I just wanted to update and say there is still no reply from POPLA regarding my appeal for this ticket. In the meantime a friend who knows someone living on the same estate advised me she was told by him that the visitor parking was indeed for visitors (and he is resident there!!!) so clearly I was not the only person who was unclear.
Anyway, POPLA said I would hear on or shortly after the 8th May so in some respects am hoping the delay is indicative that P$parking have not answered the appeal, but on the otherhand they could have sent so much information in defence of their case that its taking POPLA a while to correlate it all ;-) I will update when there is a response.

The likely position is that POPLA have not yet got round to dealing with your case. They have been running well behind in their schedules thanks to more people than expected taking the appeal route as their first option these days.

nigelbb

Any evidence that the PPC submit to POLA must also be submitted to you so that you can respond. If the case was set down for 8th May & you haven't received the details of their case then it looks like you will win by default. POPLA are running several weeks in arrears at present but both you & the PPC will have been given the same schedule date so if they haven't responded POPLA will rule in your favour.

trisontana

Umkomaas wrote: »

The likely position is that POPLA have not yet got round to dealing with your case. They have been running well behind in their schedules thanks to more people than expected taking the appeal route as their first option these days.

Yet another BPA lie nailed by circumstances. First they said that POPLA would cut down on court cases, that hasn't' happened, then they said that they expected only a couple of percent of motorists would use POPLA anyway.

Umkomaas

trisontana wrote: »

Yet another BPA lie nailed by circumstances. First they said that POPLA would cut down on court cases, that hasn't' happened, then they said that they expected only a couple of percent of motorists would use POPLA anyway.

Well, let's hope the BPA are correct, because a couple of percent of 1.8 million PCNs is 36,000 appeals. Looks like Shona will be getting a bit of overtime in. :rotfl:

annaspanna

Well to date, still no response. No news hopefully is good news ;-)

pbr1

can these guys get my info for a non-uk number plate?

Stroma

pbr1 wrote: »

can these guys get my info for a non-uk number plate?

Basically no , have they ticketed you ? And if they did engage a debt collector to get keeper details from the equivalent of the dvla over there they can be ignored as powerless scammers, I think the same principle holds true for the eu countries, though you'd be advised to check that out.

annaspanna

I have won the POPLA appeal based on the fact the operator did not prove they had a valid contract - or some such thing, decision below. Thank you everyone for your help and advice.

Copied from POPLA letter:

On 19 February 2013 the Operator’s employee observed a vehicle with the registration mark ****** parked at a residential development at Royal Arsenal known as The Warehouse. At 20:33 the employee issued a parking charge notice (‘PCN’).

The Operator submits that the terms and conditions for parking advertised at the site included the condition that a valid permit must be displayed. The terms advised that failure to obey may lead to the issuing of a ‘ticketed excess charge’ (which I refer to, for simplicity, as a PCN). The Operator’s employee observed that the vehicle was parked without permission and issued a PCN.

Amongst other grounds, the Appellant challenged the validity of the contract allegedly in existence between the Operator and the client on whose behalf it enforces parking restrictions at the site.

Taking into consideration all the evidence before me, I am not satisfied that the Operator has proven this breach for the following reason:

The Appellant challenged whether the Operator had a valid contract to enforce parking restrictions at the site. It would not have been necessary for the Operator to produce the entire contract to address this issue. However, the Operator has failed to deal with this submission in any way. On balance, I can therefore not find that the Operator had a valid contract under which to
issue the disputed parking charge.

Accordingly, the Operator has failed to prove that the PCN was validly issued.

The appeal is allowed.

bod1467

I have copied your post to the POPLA Decisions thread.