POPLA Decisions

amg5292

Hi guys,

Basically, I live in York and limited parking is an issue, my flat is in a complex in which some owners have alotted parking spaces and a number of 'visitors' spots are available otherwise. Our flat does not have an alotted space and therefore we use our visitors pass and park in the visitors spots on a first come first served basis. Recently the parking terms changed and on close inspection the sign says that you cannot park in the spot for more than 24 hours (an issue in itself because when guests come they rarely stay for only 24 hours, for instance over weekends). I have been issued with a parking ticket at 07:35 on sunday 17th July 2016 for overstaying, i know for a fact that i will have been in the spot on the morning of 16/7/16 when the attendent will have registered the car and then the next morning at 07:35 i will also have been in the spot assuming i had stayed more than 24 hours. I know that i went out that day and returned to the spot afterwards, I inspected the terms further and it states that you are not allowed to return within 12 hours. My concern is that the parking charge is £155, for parking in a spot that i had clearly displayed my permit for, and the 'overstay' is not likely to have been more than 2 hours (unless they started work at 05:00), i feel that this is highly disproportionate to any potential loss of business/earnings especially given this is an enforcement that we were told was to prohibit city-visitors using spaces that weren't permitted. I ignored the ticket initially, however i have now recieved a letter from a solicitor as well as a claim form from a court.

I would really appreciate any help with this - a bit out of my depth to say the least! I don't want to get bullied into paying extortionate amounts of money for parking outside my own home!

Umkomaas

amg5292 wrote: »

Hi guys,

Basically, I live in York and limited parking is an issue, my flat is in a complex in which some owners have alotted parking spaces and a number of 'visitors' spots are available otherwise. Our flat does not have an alotted space and therefore we use our visitors pass and park in the visitors spots on a first come first served basis. Recently the parking terms changed and on close inspection the sign says that you cannot park in the spot for more than 24 hours (an issue in itself because when guests come they rarely stay for only 24 hours, for instance over weekends). I have been issued with a parking ticket at 07:35 on sunday 17th July 2016 for overstaying, i know for a fact that i will have been in the spot on the morning of 16/7/16 when the attendent will have registered the car and then the next morning at 07:35 i will also have been in the spot assuming i had stayed more than 24 hours. I know that i went out that day and returned to the spot afterwards, I inspected the terms further and it states that you are not allowed to return within 12 hours. My concern is that the parking charge is £155, for parking in a spot that i had clearly displayed my permit for, and the 'overstay' is not likely to have been more than 2 hours (unless they started work at 05:00), i feel that this is highly disproportionate to any potential loss of business/earnings especially given this is an enforcement that we were told was to prohibit city-visitors using spaces that weren't permitted. I ignored the ticket initially, however i have now recieved a letter from a solicitor as well as a claim form from a court.

I would really appreciate any help with this - a bit out of my depth to say the least! I don't want to get bullied into paying extortionate amounts of money for parking outside my own home!

Wrong place to post this. Please start a new thread of your own, but PLEASE use that 'return' button to create paragraphs. No one will want to read a wall of text like that and try to understand what you're asking.

Before any of that, please read the NEWBIES FAQ sticky, which tells you how to deal with this, then tell us where it fails to answer your questions.

mamamia11

https://forums.moneysavingexpert.com/discussion/5509591

Decision Successful
Assessor Name XXXXXX
Assessor summary of operator case
The operator’s case is that the Parking Charge Notice (PCN) was issued due to either insufficient paring time being purchased or by remaining at the car park longer than permitted.

Assessor summary of your case
The appellant’s case is that the driver has not been identified and the Parking charge notice (PCN) is not compliant with the Protection of Freedoms Act (PoFA) 2012. The appellant has advised that they do not believe the operator has authority to form contracts with drivers and that the signs are not legible or clear and there is insufficient notice of the sum of the parking charge. Lastly, the appellant has advised Parking at Southampton Town Quay is subject to statutory control and Driving round a car park is not parking.

Assessor supporting rational for decision
After reviewing the evidence provided by both parties, I am not satisfied that, the appellant has been identified as the driver of the vehicle at the time of the relevant parking event. The operator in this case has issued a Parking Charge Notice (PCN) to the keeper of the vehicle, and I am therefore satisfied that the keeper of the vehicle is entitled to appeal the validity of the PCN. As section 21.9 of the British Parking Association (BPA) Code of Practice states, “it’s the driver’s responsibility to pay the PCN”. I note that the operator has not referenced that they are attempting to transfer the liability for the PCN from the driver of the vehicle to the keeper of the vehicle using the Protections of Freedoms Act 2012 (PoFA 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 of the vehicle is, based on the evidence that I have received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver of the vehicle. 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.

Thank you all so much for your patience and help - couldn't have done it without you.

Ralph-y

well done ....:j

will you kindly concider the below


This is a campaign of asking people to keep sending Theresa May actual hard copies of the trash they've been deluged with. Let her advisers' desks overflow with annoying paperwork re PPCs.

No emails, all letters from genuine people pouring their hearts out. Write to your MP as well as Mrs May:

https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

The more the better, write it yourself if you are able and enclose copies of the threatograms and rubbish thrown at you.

Do not do this by email - make your paperwork land with a thump on desks, just like it all landed in a very unwelcome way on your doormat.

Apparently the DCLG are looking to make an announcement before the year end so let's make MP's and Mrs May aware that action needs to be strong. You can be sure that the BPA and IPC suits are lobbying Parliament and meeting their friends in suits.

So let the consumers' voices be heard.





thanks

Ralph:cool:

maomaomylove

Thread asking for help and getting a POPLA appeal letter is below:

https://forums.moneysavingexpert.com/discussion/5538581

Received the reply from POPLA today, and it said:

Dear XXXX

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference XXXXXXXXXX.

Parking Eye 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

Many many thanks to MSE, coupon-mad and everyone here to help me win this case!!!

AJRawlins

Posting about a victorious win against PE.
Received an e-mail from POPLA stating appeal upheld due to PE not wishing to contest it, yet PE rejected my appeal to them, also received an e-mail from PE cancelling the charge.
Below is a link to the thread( hope it works as not sure how to link)

https://forums.moneysavingexpert.com/discussion/5525059

sodajazz

Would love to know what PE are playing at.
Like the last post, I appealed to PE they rejected it and sent popla code.
Put in the appeal to popla and PE emailed today to say it has been cancelled and no further action will be taken.
I really wanted a popla desicion but hey ho I'll take that win.

johford997

I have a Popla appeal accepted. Where would you like it placing on this thread. I am new here, but did have a quick browse when looking to how to appeal.

I think my appeal was accepted because Parking Solutions 24 actually sent the wrong case file of someone else which IMO breached the Data Protection Act

trisontana

Just post it on this thread

Fruitcake

johford997 wrote: »

I have a Popla appeal accepted. Where would you like it placing on this thread. I am new here, but did have a quick browse when looking to how to appeal.

I think my appeal was accepted because Parking Solutions 24 actually sent the wrong case file of someone else which IMO breached the Data Protection Act

I hope you complained to the ICO, BPA, and DVLA about the breach of DPA. One motorist took a PPC to court over this and got an out of court settlement for them not to proceed.