POPLA Decisions

Mike172

Big round of applause to UKCPM for loosing yet another 7 appeals. Just got back from hols and its a nice welcome back present! I got two confirmations through the post, then the rest were email. Various reasons from the usual 'operator did not submit any evidence' and others including signage. Ill change my sig some other time.

Congratulations UKCPM! Ive one more ticket with you pigs then we wait to find out what the ombudsman service is like and we begin the fun all over again! Absolute animals. Ive had 3 people in my flats do the same and win as well. Hopefully they will begin to spread the message!

Umkomaas

Well done Mike172.

UKCPM seem to fit perfectly the profile 'only a fool does the same thing over and over again expecting different results'.

Dad_to_4_little_monkeys

DECISION ALLOWED

UKPC had ticketed my in-laws in MY parking space, services engaged by my management company agent, further engaged by the directors of the residents association. As the land is freehold and formed part of my transfer, I simply (one paragraph) that there was no landowner authority from me. POPLA agreed (particularly as it appears UKPC did NOT respond).

Peter ******* (Appellant)
-v-
UK Parking Control Limited (Operator)

The Operator issued parking charge notice number
(131025)108****/999**** arising out of a presence on private land, 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

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.

Accordingly I have no option but to allow the appeal.

Shehla Pirwany
Assessor

Feral_Moon

DaveyJones wrote: »

delete this post please.

You can delete it yourself.

Nyarlathotep

This was an appeal I made on behalf of a friend who parked in a disabled bay at a Metrolink station without displaying their blue badge. Thanks to all the helpful posters.


xxxxxxxxxxxxxx (Appellant)
v
Anchor Security Services Ltd t/as Care Parking (Operator)

The Operator issued a parking charge arising out of a presence on private land of a vehicle with registration mark xxxxxxx

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 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.

Accordingly I have no option but to allow the appeal.

Shehla Pirwany
Assessor

ampersand

Well done on both fronts, this success and helping your friend:-)

Azb123

The Beast (Appellant)

-v-

ParkingEye Ltd (Operator)

The Operator issued parking charge notice number xxxxxx/xxxxxx arising out of the presence at Churchill Retail Park, on xxxx 2015, of a vehicle with registration mark xxxxxxx.

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

The operator issued a parking charge notice for exceeding the maximum permitted stay.

The appellant has made various submissions; I have not dealt with them all as I am allowing this appeal on the following ground.

The appellant’s case is that the operator does not have authority to pursue parking charge notices.

After reviewing the evidence I find that the operator has not provided a copy of a contract between them and the landowner and that neither has the operator provided a signed witness statement by the landowner which gives the operator the authority to pursue parking charge notices.

Therefore, having carefully considered all the evidence before me, I must find as a fact that on this particular occasion, the operator has not shown that they have authority from the landowner to pursue parking charge notices. As the appellant submits that the operator does not have this authority, the burden is on the operator to prove otherwise. I find that the operator has not discharged this burden.

Accordingly, this appeal must be allowed.

Amber Ahmed

Assessor



Alot of thanks to this forum for the help!

Mike172

That through London councils or omb?

AlbertSe7en

XXXXXXXXXXXXXXXXXXXX (Appellant)
-v-
ANPR Parking Services Ltd (Operator)

The Operator issued parking charge notice number XXXXXXXXXX arising out of a presence on private land, of a vehicle with registration mark XXXXXXX.

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 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.

Accordingly I have no option but to allow the appeal.

Shehla Pirwany
Assessor

hannah1313

Dear Sir or Madam
XXXXX(Appellant)
-v-
LDK Security Group Ltd (Operator)
The Operator has informed us that they have cancelled parking charge notice number XXXXX, issued in respect of a vehicle with the registration mark XXXXX .
Your appeal has therefore been allowed by order of the Lead Adjudicator.
You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.
Yours sincerely,
Richard Reeve Service Manager

(Please see my thread 'Wrong Car Details' as following this letter I have received an outstanding parking charge notice for the ticket that I have just successfully appealed)