POPLA Decisions

smiledotcom

This was a successful POPLA appeal against a CP Plus ticket that I received at my place of work - an NHS Hospital.

This is what the appeal decision stated:

DecisionSuccessful
Assessor NameDaniel Kelley
Assessor summary of operator case
The operator’s case is that the appellant parked on site failing to display a valid parking permit.

Assessor summary of your case
The appellant’s case is that the operator has not complied with Protections of Freedoms Act 2012. The appellant states the signs at the site in question are not prominent, clear or legible. The appellant states the operator does not have the authority to issue Parking Charge Notices (PCN).

Assessor supporting rational for decision
I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeper’s address. I note the operator’s confirmation that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in its mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence we have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge.


Good luck to anyone else and a big THANK YOU to those who advised me along the process to this successful appeal.

Coupon-mad

Great news, and quite right because CP Plus NTKs are 'driver only' ones.

This is not the first time we've seen POPLA Assessors make this very worrying comment:

''I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN as the operator has issued a notice to the keeper’s address.''

...it'a almost as if some idiot has trained these Assessors to think that a keeper is perhaps 'not entitled' to appeal, if only a windscreen PCN was issued. Astonishing that they feel they have to say this rubbish. A keeper is ALWAYS entitled to appeal of course.

patts1090

this is interesting Just had 2 cases rejected on the relevant land issue . What to do now ??

Ralph-y

please start a new thread for advice

look for the new thread button here (top left)

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

and we will need more details ..... what did you say in your appeal?

Ralph:cool:

pmlist

I just had notification from POPLA that the appeal was successful.

The wording from POPLA was as below:


Assessor summary of operator case: The operator has supplied no evidence.

Assessor summary of your case: The appellant has raised several grounds for appeal including signage.

Assessor supporting rational for decision: By issuing the appellant with a Parking Charge Notice (PCN), the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. It is the duty of the operator to provide evidence to POPLA of the terms and conditions that the appellant did not comply with. The operator has not provided any evidence to POPLA. As the operator has not provided a response to the appeal, it has not demonstrated that the PCN is valid. Accordingly, I must allow this appeal.


Big thanks to Coupon-mad and everyone else who posted all the useful information on this site. :beer:

Fatal_Swan

I just found out my POPLA appeal against Britannia Parking was successful (within 4 working days of submission!) when the operator did not contest the appeal. Many thanks to all the knowledgeable, helpful and supportive people on this board.

My main basis for appeal was that the NTK that Britannia sent (which was very sloppily written!) did not comply with section 9 of PoFA 2012, in particular the following information was absent:

"The notice must – f) warn the keeper that if, after the period of 28 days... 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."

Further details and my POPLA submission text here, in case it's useful to others: https://forums.moneysavingexpert.com/discussion/5541331

Former_MSE_Andrea

Hi everyone

Just a reminder not to post people's personal details anywhere on the Forum. If you're new to the Forum it's well worth having a read of our Forum Rules before you carry on posting.

Thank you!

garricw

Thanks guys, followed the sticky

Decision: Successful
Assessor Name: {Removed by MSE Forum Team - please do not name staff - thanks}

Assessor summary of operator case
The operator has failed to provide any evidence in relation to this Parking Charge Notice (PCN).

Assessor summary of your case
The appellant has disputed the operator complying with the provisions of Protection of Freedoms Act (2012) and advised there is a lack of signage at the site. They have questioned the operator’s authority to operate on the land and advised a grace period has not been considered. The appellant has disputed the accuracy of the automatic number plate recognition cameras.

Assessor supporting rational for decision
I note the appellant’s grounds of appeal in relation to this PCN. However, the operator has failed to provide any evidence for my consideration. Because of this, the operator has failed to prove that it issued the PCN correctly. Therefore, I am satisfied that the appellant’s grounds of appeal do not require any further consideration.

Kitty25

Successful appeal : PCN APCOA Luton. Alleged contravention of dropping off/picking up outside of a designated parking area.

Receiving this email from POPLA two days after appealing.

Dear *** *********

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference **************

APCOA 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

Link to my tread and to view the appeal letter is here: - https://forums.moneysavingexpert.com/discussion/5528294

Thanks again everyone

Umkomaas

Yet another forum assisted appeal that APCOA has run away from. Well done on seeing this through.

They're obviously very nervous on the 'not relevant land' issue.