POPLA Decisions

Jacob's_Dad

So, after help from this great forum, it's another win against the PPCs. This time UKPC, and they lost on failing to provide a valid contract. Worryingly, it seems the Assessor would have accepted a witness statement. I have pasted POPLA's decision below, and a link to my thread here for the appeal wording if it helps anyone: https://forums.moneysavingexpert.com/discussion/5275535

On XXXXXX, a parking charge notice was applied to a vehicle with registration mark XXXXXXX for parked in a permit area without displaying a valid permit.

The Operator’s case is that the terms and conditions of use of site state that the site is permit parking a valid permit is required to be displayed at all times and the Appellant failed to comply with this requirement. They have enclosed a site plan and boundaries to support their submissions.

The Appellant has made a number of submissions, however, I will only elaborate on the one submission that I am allowing this appeal, namely that the Operator does not have a proprietary interest in land and authority to issue and pursue parking charge notices.

The Operator rejected the Appellant’s representations as set out in the correspondence they sent because, they state that a breach of the car park conditions had occurred by parked in a permit area without displaying a valid permit. They advise that the contract that they have with the owner or occupier of the land authorises them to enter into a contract with the driver requiring the payment of parking charges in respect of parking of the vehicle on the land and as a member of the Approved Operator scheme, the Operator are audited by the British Parking association to ensure that they have all relevant contracts in place.

The burden of proof is on the Operator to prove its case on balance of probabilities. Once an Appellant submits that the Operator does not have a proprietary interest and authority to issue and pursue parking charge notices, the onus is on the Operator to provide some evidence to show otherwise. The Operator has not provided any evidence to address the Appellant’s submission such as a valid contract or a witness statement and considering carefully all the evidence before me they have not discharged the burden of proof.

Accordingly, I allow this appeal.

Aurela Qerimi
Assessor

ampersand

Pertinent worry hobrucker, but Well Done! tops it.

What would regulars think of a letter to popla suggesting suitable alteration:
'or a location-specific, contemporaneous witness statement written, dated and signed by the landowner'?
OR, asking popla what elements witness statement must/must not contain to be acceptable.

leeda84

After doing lots and lots of of research (most of it on this forum) I have also won my POPLA appeal so thank you all very much!
Interesting that the assessor only focused on the lack of evidence from UKPC regarding the contract rather than the fact that the landowner/management company/PPC was breaking the conditions of my lease!

Appellant
-v-
UK Parking Control Limited (Operator)
The Operator issued parking charge notice number ###### arising out of the presence at ******, on 7 March 2015, of a vehicle with registration mark *******.
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.

Reasons for the Assessor’s Determination
On 7 March 2015, the appellant was issued with a parking charge notice for breaching the terms and conditions of the parking site.
It is the operator’s case that the appellant’s vehicle was parked without displaying a valid permit.
The appellant has made a number of submissions. However, I will elaborate only on the one submission that I will be allowing this appeal on namely that the operator does not have the authority to issue the parking charge notice.
As the appellant has disputed the operator’s authority to issue the parking charge notice, the burden is on the operator to prove otherwise. However, in consideration of all the evidence before me I find that the operator has not submitted any evidence to prove that they had the authority to issue the parking charge notice. On this occasion, I am not satisfied that the operator has discharged the burden.
Accordingly, this appeal must be allowed.
Farah Ahmad
Assessor

Mike172

UKCPM vs. Mike172

Appeal allowed based on inadequate signage (First time any of my UKCPM appeals have been ruled on for a reason other than operator submiting no evidence). Assessor was Amber Ahmed. Letter recived rather than an email for the first time.

I have 12 more waiting, 7 of which get ruled on pretty soon on the same day which will be interesting.

Have to say I feel pretty smug. Well done UKCPM, I hope its worth it..... Even if they get ruled in your favor I will not be paying you a penny. Filth.

Umkomaas

Well done Mike172. Have you checked with the DVLA that UKCPM have separately made requests for your personal details for every NtK you've received?

If they haven't, then there's more pain you can exact on UKCPM - could see them suspended from obtaining keeper details. That would stop their business in its tracks!

Mike172

Umkomaas wrote: »

Well done Mike172. Have you checked with the DVLA that UKCPM have separately made requests for your personal details for every NtK you've received?

If they haven't, then there's more pain you can exact on UKCPM - could see them suspended from obtaining keeper details. That would stop their business in its tracks!

Thanks Umkomass, I have not, however my current car is a lease and every time they send a letter there first rather than straight to me. I could check I suppose.....

chasmundo

According to the popla site its under new management from today. Don't know how that will affect previous grounds for appeal. I've gone with not accepting the authority of the company who issued the pcn as they sent no evidence of contract on my initial appeal.

fudge7000

Tried to do POPLA appeal today, but unable to:

The operation of POPLA is passing from London Councils to Ombudsman Services Limited on 1 October 2015 and the British Parking Association has asked us not to register any new appeals from 21 August 2015.

If you wish to appeal, you can leave your details through the portal below and these will be passed to Ombudsman Services Limited and also to the operator who issued the parking charge notice, so as to ensure that no further enforcement action is taken until you have had the opportunity to register your appeal and it has been finally determined.

It is important to note that London Councils cannot accept any evidence relating to new appeals from 21 August 2015, so in this case do not upload evidence. Ombudsman Services Limited will contact you soon as they are able to register appeals to explain what you will then need to do to submit an appeal.

At least means it's on hold for a few months... But will it affect the outcomes I wonder...?

Umkomaas

At least means it's on hold for a few months... But will it affect the outcomes I wonder...?

Did you enter your 10-digit POPLA code into the portal?

Who knows how the outcomes will pan out, your guess is as good as anyone else's at this very early stage. The one thing for sure is if you don't enter your POPLA code by the deadline to which it relates, your appeal won't be dealt with, exposing you to six years of potential hassle from the PPC and/or their lapdog debt collectors!

Berwynview

Thanks to everyone for all the excellent advice on this forum - I submitted my appeal following the guidelines on here and yesterday heard that my appeal had been allowed. Thanks so much to all the regulars (and newbies!) for their very helpful posts, which enabled me to compile and submit a successful appeal to POPLA.:T

19 August 2015 - Reference 8411325079
The Operator issued parking charge notice number XXXXX arising out of the presence at XXXX, on XX/03/2015, of a vehicle with registration mark XXXX. 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
Reasons for the Assessor’s Determination
It is the Operator’s case that a parking charge notice was correctly issued, giving the reason as the driver was observed leaving the site whilst the vehicle remained parked on the premises. The Operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking which state that, if the terms or conditions are breached a parking charge will be imposed.
It is the Appellant’s case that the Operator has no contractual authority with the landowner to levy charges.
Membership of the Approved Operator Scheme does require the parking company to have clear authorisation from the landowner, if it is not itself the landowner, as to its role in relation to the parking control and enforcement. This is set out in the BPA Code of Practice. However, as with any issue, if the point is specially raised by an Appellant in an appeal, then the Operator should address it by producing such evidence as it believes refutes a submission that it has no authority.
The Operator has not produced any evidence to demonstrate that it is the land-owner; or, that it has the authority of the land-owner to issue parking charge notices at this site. Once the issue is raised by an Appellant, it is for the Operator to demonstrate that it has authority, and a mere statement to the effect that it has a contract will not be sufficient.
Consequently, I must find that the Operator has failed to produce sufficient evidence to refute the Appellant’s submission that it did not have authority to issue a parking charge notice.
Accordingly, I must allow the appeal.
Angharad Marshall
Assessor