POPLA Decisions

bod1467

Please start your own thread and we'll address your questions there.

g0wfv

taroshm wrote: »

I have gone past the first stage of appealing to the parking company who responded with a POPLA reference...

...Would also be grateful if someone can point me to information (including templates) on the NTK rule. I haven't yet received a NTK and its been more than 56days since the initial windscreen parking ticket was issued.

It's in Schedule 4 of the Protection of Freedoms Act 2012 (http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted)

However, as you state you have already appealed, but have not received a Notice to Keeper, one can only assume you appealed the original windscreen ticket (aka Notice to Driver) in which circumstances the PPC no longer need to send an NTK as you have effectively informed them who the driver was, thus keeper liability no longer exists (someone correct me if I'm wrong!)

Start a new thread in the forum, and people will be able to help you without any cross-threading and confusion of cases. Click Here

pogofish

taroshm wrote: »

Hi,
I am new to this forum and even though I have read a lot of posts including the "newbies" I cannot find a link to templates for a POPLA appeal.
I have gone past the first stage of appealing to the parking company who responded with a POPLA reference and on checking the deadline for a POPLA appeal is Friday 04th Sep15.
Would also be grateful if someone can point me to information (including templates) on the NTK rule. I haven't yet received a NTK and its been more than 56days since the initial windscreen parking ticket was issued.

Thanks in advance.

TM

Please read the Newbies Sticky, which has all the info you need and start your own thread for best individual advice.

You clearly agreed not to hijack unrelated/other people's threads when you signed-up!

ampersand

taroshm - you might like to delete your post here, as you did indeed start your own thread several hours ago.

WGXH

Topic: https://forums.moneysavingexpert.com/discussion/5223490

WGXH (Appellant)
-v-
LDK Security Group Ltd (Operator)

The Operator issued parking charge notice number XXXXXX arising out of the presence at [REDEACTED] on 17/04/2015, of a vehicle with registration mark XXXXX.
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 Appellant failed to display a valid ticket. 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 does not have the authority as they are not the land owner to enter into contracts with drivers or issue PCN’s.
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.

Umkomaas

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.

Please take the following action which will exact some revenge/pain on the PPC!

Please complain/write to the following:

1. Ask the DVLA to stop providing keeper details to LDK for that particular site in view of the POPLA statement that they have no authority to operate on this land.
2. Ask the BPA to confirm they will be issuing sanction points to LDK in view of the POPLA statement.

Well done on your successful appeal by the way. Please let us know what the outcomes of your complaints are. Link to your original thread with the details when received.

It's imperative we stop these outfits in their tracks if they are flouting requirements placed on them by the BPA/DVLA/PoFA, in order to fleece the general public and profit from their misfortune - without prodding neither the BPA nor DVLA will do tap all!

WGXH

Umkomaas wrote: »

Please take the following action which will exact some revenge/pain on the PPC!

Please complain/write to the following:

1. Ask the DVLA to stop providing keeper details to LDK for that particular site in view of the POPLA statement that they have no authority to operate on this land.
2. Ask the BPA to confirm they will be issuing sanction points to LDK in view of the POPLA statement.

Well done on your successful appeal by the way. Please let us know what the outcomes of your complaints are. Link to your original thread with the details when received.

It's imperative we stop these outfits in their tracks if they are flouting requirements placed on them by the BPA/DVLA/PoFA, in order to fleece the general public and profit from their misfortune - without prodding neither the BPA nor DVLA will do tap all!

Thank you, Umkomaas.
It might also be worth noting I have today received a letter from DRP asking for £150. Worth pointing out to the DPA? Is it even worth responding to DRP noting that the appeal has been allowed? Furthermore the letter was issued on 01/09/15, while the appeal was still with POPLA.

regards
WGXH

Umkomaas

DPA?

Further complaints to DVLA and BPA with copy of DRP drivel. Don't write to DRP.

If you want further advice down the line on this, it's best taken away from the sticky and posted into your original thread. It will save the sticky drifting away from its intended purpose.

Umkomaas

New thread please. This one is a sticky about POPLA decisions. You'll get far more help on your own thread.

Paddyshepherd

Quentin wrote: »

Never a good idea to post up your reg number

Oops! Forgot to edit it out. Corrected :beer: