POPLA Decisions

armcosurfer

Appeal won against ParkingEye at Wyvern Retail Park, Derby.
I appealed against the PCN as the registered keeper on two points.
One being 'No keeper liability' because PE sent the PCN out too late - over the 15 days allowed under the Protection of Freedoms Act 2012.
The other was that PE had no contract with the landowner so they couldn't make contracts with drivers nor pursue charges in their own name.
ParkingEye failed to produce a contract to show that they had authority to operate on that land and this is what won my appeal.
I couldn't have done this without the help of the members on this forum,particularly Coupon-mad,thank you all.
I can't post links apparently,so a search for my thread title which is "Another way to dispute a Parking Eye ticket? will bring it up.

Fruitcake

armcosurfer wrote: »

Appeal won against ParkingEye at Wyvern Retail Park, Derby.
I appealed against the PCN as the registered keeper on two points.
One being 'No keeper liability' because PE sent the PCN out too late - over the 15 days allowed under the Protection of Freedoms Act 2012.
The other was that PE had no contract with the landowner so they couldn't make contracts with drivers nor pursue charges in their own name.
ParkingEye failed to produce a contract to show that they had authority to operate on that land and this is what won my appeal.
I couldn't have done this without the help of the members on this forum,particularly Coupon-mad,thank you all.
I can't post links apparently,so a search for my thread title which is "Another way to dispute a Parking Eye ticket? will bring it up.

Well done. You can post links but change http to hxxp, or leave a gap.

Yer tiz anyway.

https://forums.moneysavingexpert.com/discussion/5451106

Coupon-mad

Premier Park lost another one based on their non-compliant Notice to Keeper re the 28 days:

http://forums.pepipoo.com/index.php?showtopic=106184&st=0&p=1190129&#entry1190129

DecisionSuccessful
Assessor NameSophie Taylor
Assessor summary of operator case
The operator’s case is that the driver has failed to pay for the parking period.

Assessor summary of your case
The appellant’s case is that the operator has failed to comply with Protection of Freedoms Act 2012 (PoFA). The appellant states that the operator has no authority from the landowner, and cannot form contracts with drivers. The appellant further advises that the signage is inadequate, and the charge is not a genuine pre-estimate of loss.

Assessor supporting rational for decision
After reviewing the evidence provided in relation to this case, I am not satisfied that the driver of the vehicle has been identified. In order for the operator to transfer liability for the charge from the driver of the vehicle, to the registered keeper, they must comply with the strict requirements set out in the Protection of Freedoms Act 2012 (PoFA).

The operator states that they are pursuing the keeper of the vehicle, using the provisions laid out in PoFA.

The notice to keeper sent will need to comply with section 9 of PoFA, 2012 that states that the creditor must ‘warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— . (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and . (ii)the creditor does not know both the name of the driver and a current address for service for the driver, . the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;’

The operator has provided photographic evidence of the Notice to Keeper issued to the appellant. The Parking Charge Notice (PCN) is not compliant with the requirements of PoFA set out above, in order to transfer liability to the keeper.

From the evidence, I cannot conclude that the PCN has been issued correctly. Accordingly, I must allow this appeal. While I note the appellant has raised several other grounds for appeal, I have not considered them, as I have allowed the appeal on this ground alone.

TxxxFxxx

Won at POPLA against UKPC on a ticket issued on my own parking space.

The details can be found here
hxtp://forums.moneysavingexpert.com/showthread.php?t=5409198#topofpage

"Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference xxx.

UK Parking Control Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team "

Massive thanks to everyone helped!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/5409198

Well done - and thanks for confirming you won!

Auntiemogs

My appeal against UKPC (via Wright Hassall Solicitors) has been rejected. :-(

Umkomaas

Auntiemogs wrote: »

My appeal against UKPC (via Wright Hassall Solicitors) has been rejected. :-(

You are not obliged to pay this at all.

More detail on the rejection grounds please.

EDIT - just spotted you'd expanded on this in your original thread.

https://forums.moneysavingexpert.com/discussion/comment/70946167#Comment_70946167

Ralph-y

yes as above ... was this a POPLA appeal , and if so can you post up the POPLA reply

this blog may well now be relevant....

http://parking-prankster.blogspot.co.uk/2016/06/popla-will-rehear-cases-on-procedural.html

Ralph:cool:

Auntiemogs

Yes, it was a POPLA appeal Ralph. I've put the reasons on my original thread so I don't take up too much space here. Tank you for the link, I shall have a look. :-)

Mags

danjones

Popla Appeal Won - Highview Parking Tesco Merthyr Tydfil

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference XXX

Highview Parking have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team