POPLA Decisions

HOOPYHOOP

nigelbb wrote: »

APCOA (originally the Airport Parking Company Of America) are a vast multinational corporation with turnover approaching €700 million. They should be able to come up with something more convincing than £100 is fair because our Club says it is. Perhaps their legal department acknowledge that their claims for money have no basis in law so don't even try & pretend that there is a GPEOL.

BTW A complaint should be made to the DVLA as APCOA are in breach of their KADOE contract with the DVLA but employing debt collectors who do not adhere to OFT guidelines. If the DVLA had the balls they would suspend access for a few months for a persistent & repeated breach like this.

Thanks I think I will give the DVLA a go, but won't hold my breath....

pink_princess

Just a quick thank you that I used the template letters from here and POPLA allowed our appeal against parking eye and our ticket was squashed.

Many thanks to the regular posters. I can scan in the correspondence if it would help at all?

Dee140157

If it was allowed because of GPEOL then I think you could just say, however if it was for any other reason, then I think it is worth putting on here. The more recorded reasons for appeal successes, the better.

ampersand

Identical wording for both of mine|:
15 April 2014
Reference xxx
always quote in any communication with POPLA
& (Appellant)
-v-
ParkingEye Ltd (Operator)
The Operator issued parking charge notice number xxx arising out of a presence on private land, of a vehicle with registration mark xxx
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.


2 15 April 2014
Reasons for the Assessor’s Determination

It is the Appellant’s case that the parking charge notice was issued incorrectly.
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were. COLOR="Magenta"]The RK showed you, in 31 pics[/COLOR
Accordingly I have no option but to allow the appeal.
[No need to sound so reluctant, Christopher]
Christopher Adamson
Assessor

#
Non-events were 29/11/13 and 5/12/13. Parking Eye blatantly lied and lied[ re: dates, letters, signage - proven, not libellous] and delayed giving POPLA codes until shoved by BPA's Steve Clark[after 3 &prods].

Preparing invoices to PE for time@£18 per hour, materials, postage, photography, phone calls, non-compliance with DVLA and BPA regulation. Advising them similarly.

31 photos of Birchanger Green Welcome Break area, completely lacking in relevant[let alone compliant]pe signage, are available to bonafide msers.

Anxiety and fear due to this filth diminished, thanks to the help and support found here[c-m for PM!] and from Parking Prankster, but it has still meant well over 4 months of needless anxiety, stress and expense.

I would have relished my time in nearby Court, where other cases are pending.
#
Adapt this:
For 'Vote', sing 'KICK'...
https://www.youtube.com/watch?v=o1LLsw1lcuA
or this version:
https://www.youtube.com/watch?v=vziDROl_MJo

Flash mob at Chorley anyone?

Coupon-mad

Two POPLA appeals won by Skywalker2 at Brum Airport v APCOA:

https://forums.moneysavingexpert.com/discussion/comment/65257140#Comment_65257140

The OP says:

'Just to refresh memories, we experienced a double PCN from APCOA, the first when a family member was picked up some distance from the terminal and another 3 weeks later when stopping out of the traffic to photograph one of their signs for the Appeal!

The forum provided a great deal of advice and HO87 even rewrote my appeal, to make sure that all the points were covered in the appropriate manner. I also wrote to Birmingham airport management complaining about the manner in which APCOA were operating - that produced a nice letter from them offering to drop the second PCN if I paid the reduced rate on the first! Since the second one had been forwarded outside the 15 day window, I was confident my appeal should be upheld but keeping the management letter in reserve, we awaited the POPLA appeal results.

The results have now come back with both appeals upheld! Each on the grounds that the operator's parking charge amount was not a genuine pre-estimate of loss incurred.

Both Appeals were assessed by different individuals and neither were prepared to comment on the other points raised, eg late PCN, inappropriate signage, whether the airport was relevant land etc. Despite the fact that the appeals were successful I still feel somewhat unhappy that the POPLA system seems yet another box-ticking exercise with no one taking the responsibility to say what is acceptable and what is not.

However, I can only say yet again, many thanks for the assistance of the Forum monitors and supporters, I certainly do not intend to get caught this way again but these sort of scams do seem to keep on multiplying despite our best efforts!'

misfitlove

Just to update, my recent appeal from POPLA has been upheld.

Fine issued by parking eye who did not bother to defend themselves.

"The operator has not produced a copy of the PCN, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were"

Assessor - Christopher Adamsson.

My main points were GPEOL among other things such as the fact I had purchased a valid ticket.

Feel relieved, but also angry at the time and stress that was caused by this PCN. Not going to push my luck by invoicing them for it though.

Thanks for all the help given on this forum, I would be £100 worse off if it wasn't for all the advice. Greatly appreciated.

xx

Coupon-mad

VCS stuffed at POPLA as they cannot tell their GPEOL from their elbow:

https://forums.moneysavingexpert.com/discussion/4884940

well done to the OP, motto_74!

Coupon-mad

DC63 beat APCOA at POPLA on 'no GPEOL', without even needing to start a 'help me' thread. Just followed forum advice and won:

https://forums.moneysavingexpert.com/discussion/4950410

Coupon-mad

County Parking Enforcement Agency Ltd lost on no GPEOL of course:

https://forums.moneysavingexpert.com/discussion/comment/65288245#Comment_65288245

''The operator has failed to provide a breakdown of the losses incurred and therefore on a balance of probabilities, I am not satisfied that the operator has sufficiently shown that the charge is a genuine pre estimate of loss.''


Of course it's NOT! Most PPCs' entire business model relies upon profiteering from alleged 'breaches'!

Coupon-mad

VCS again stuffed as they can't tell their GPEOL from their elbow. This one at Humberside Airport, won by a complete newbie to the forum who followed our advice:

https://forums.moneysavingexpert.com/discussion/comment/65293666#Comment_65293666

''Considering carefully all the evidence before me, I find that, the parking charge sought is a sum by way of damages. I also find that the damages sought on this particular occasion do not amount to a genuine pre-estimate of loss.''