POPLA Decisions

Ed77

tl;dr: UKCPM submitted no evidence

For reference, see my original post: forums.moneysavingexpert.com/showthread.php?p=69216651#1

XXXXX XXXXX (Appellant)
-v-
UK Car Park Management Limited (Operator)

The Operator issued parking charge notice number XXXXXX 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.

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

DavePaddi

Hi everyone,

This is the POPLA decision regarding my appeal (https://forums.moneysavingexpert.com/discussion/5269251)



The Operator issued parking charge notice number XXX arising out of the presence at Ocean Terminal Short Stay car park, Southampton, on 17 May 2015, 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.

Reasons for the Assessor’s Determination

On 17 May 2015 the Appellant parked in the Ocean Terminal Short Stay car park, Southampton. A parking charge notice was issued on the ground that no payment was made. The Appellant raised a number of grounds of appeal, including whether the Operator had authority to issue the parking charge notice. Where an Appellant raises the question of authority, the burden of proof is on the Operator to show that it had authority to issue the parking charge notice. While I note that the Operator says in its case summary that it ‘can confirm that the above site is on private land, is not council owned and that we have written authority to operate and issue Parking Charge Notices at this site from the landowner (or landowner’s agent)’, it has not provided any evidence to support this assertion. I am not therefore satisfied that the Operator had authority to issue the parking charge notice in question.

I must therefore allow the appeal.

It is not therefore necessary for me to consider the other grounds raised by the Appellant.



So thanks a lot to everyone who has advised and helped me along the way, that was much appreciated. And worth it!

Thanks,
DavePaddi

Umkomaas

@DavePaddi

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

Please complain/write to the following:

1. DVLA.
Ask the DVLA to stop providing keeper details to the PPC for that particular site in view of the POPLA statement that they have no authority to operate on this land.

2. BPA.
Ask the BPA to confirm they will be issuing sanction points to the PPC in view of the POPLA statement.

Copy your POPLA decision, emphasise the statement that no authorisation exists, to both the DVLA and the BPA.

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!

Mike172

another win against UKCPM.

The Operator has not produced a copy of the parking charge notice....

Ill change my sig some other time

Mike172

And another one today....

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,

2 remain.

aimeeMLVC

(Appellant)
-v-
Norfolk Parking Enforcement Ltd

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 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.

---

A sidenote that the joker that is Jon over at Norfolk Parking Enforcement sent me a letter 4 days before this saying my appeal had been rejected by POPLA and I needed to pay £100.

Is there any way I can take that further because surely that's in breach of parking regulations?

ampersand

Well done aimee :-). Can you give us the assessor's name please?
Although no current POPLA staff have tfr'd>OSLtd, it is still useful to have full info. from preceding decisions.

I wouldn't say it's 'in breach of parking regulations?' I would say it's an outright lie! Further, it begs questions as to whether this 'Jon' ever has had access to POPLA decisions. If so, via whom? If not, how often has he tried this before? 'Success' rate?

Of course, it must be reported. BPA must at least go through motions of investigating. Others will help you there.

aimeeMLVC

ampersand wrote: »

Well done aimee :-). Can you give us the assessor's name please?

Sorry, the assessor was Shehla Pirwany.

IMO, he doesn’t submit any evidence because he knows he’ll most likely lose, but makes a note of the decision date. Then proceeds to send a letter out the same day knowing that POPLA usually take a week or so to notify you of their decision and hopes people will fall for it and send him the £100. By the time people realise he’s lying, he’ll already have the money.

He really is a piece of work and I would appreciate any advice on how to take it further, a new NPE sign pops up around Norwich almost every week now.

Umkomaas

Definitely complain to the BPA and the DVLA, send them copies of the letter from NPE. This looks to me like out and out extortion (probably fraud too) and must be tackled.

How many others have fallen for that manoeuvre?

bingley_blue

good news on our Parking Eye appeal to POPLA. We heard this week that our appeal was successful and the charge has been cancelled. Big thanks to everyone who helped me put the appeal together, really glad i came across the site!

(Appellant)-v ParkingEye Ltd (Operator)

The Operator issued parking charge notice number 061637/347061
arising out of the presence at Aire Street, on 20 June 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
It is not in dispute that the appellant’s vehicle was parked at the site and a
parking charge notice was issued after it was detected by the operator’s
ANPR system as parked beyond the expiry of the period paid for.
The appellant made a number of representations. However, it is only
necessary to deal with the one upon which I am allowing the appeal, that
the operator lacks the authority to issue and enforce parking charge notices
in respect of the land.
The operator rejected these representations. On the question of authority, the
operator stated that they had authority from the landowner for their activities.
Considering the evidence before me, I find that the operator has not
provided any evidence that they have authority from the landowner to
enforce parking charge notices in respect of the site. The contract produced
by the operator is insufficient to show that any authority to enforce charges
has been granted as the legible portion makes no reference to the
enforcement of issued parking charges.. Accordingly, I cannot find that the
operator had sufficient rights in the land to enforce contracts in respect of it.
Therefore the parking charge notice cannot be held to be validly issued. In
the light of this, I am not required to consider the other issues raised by the
appellant.
Accordingly, the appeal must be allowed.
Christopher Monk
Assessor