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POPLA Decisions

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  • Northlakes
    Northlakes Posts: 826 Forumite
    Ninth Anniversary Combo Breaker
    edited 2 December 2016 at 1:00AM
    Decision
    Successful
    Assessor Name
    [Text removed by Forum Team]
    Assessor summary of operator case

    The operator has not provided any evidence for this appeal.
    Assessor summary of your case

    The appellant states the operator has failed to comply with the Protections of Freedoms Act 2012. He advises there was no visible 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 and with evidence that the appellant did not indeed comply with these terms and conditions. In this case, 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.
    REVENGE IS A DISH BETTER SERVED COLD
  • Umkomaas
    Umkomaas Posts: 43,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @Northlakes - ParkingEye?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,295 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas wrote: »
    @Northlakes - ParkingEye?

    Nope, All Parking Services, here's another lucky recipient of one of their surprise tickets:

    http://forums.pepipoo.com/index.php?showtopic=108234

    No signs there to speak of; terrible car park. How it gets past BPA 'audits' is beyond me. Maybe they add signs specially for the audit.

    I remember being astonished by the utter lack of signs when I helped someone win a POPLA appeal here (APS always fold).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • It seems that rather than folding (i.e. by notifying POPLA that they have cancelled the charge before the 21-day deadline) APSUK simply don't bother to submit any evidence and then lose by default.

    A POPLA assessor actually has to consider the case - hopefully this means that APSUK have to pay POPLA's fee rather than getting away with paying nothing to POPLA :)
  • AJ16
    AJ16 Posts: 127 Forumite
    We got our POPLA appeal result yesterday, ECP did not contest the appeal, probably due to falling woefully short on signage compliance.
  • warehouse
    warehouse Posts: 3,362 Forumite
    I've been Money Tipped!
    Dear Warehouse

    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


    Link to my thread and POPLA appeal in full is below:

    https://forums.moneysavingexpert.com/discussion/5517502
    Pants
  • POPLA upheld my appeal as UKPC declined to contest:

    "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."

    Link to original thread here:

    https://forums.moneysavingexpert.com/discussion/5485916

    Appeal was submitted using the template points in this thread, plus a small additional complaint about ghost ticketing with evidence presented from Channel 4.

    Thanks all, well chuffed!
  • Myriddin
    Myriddin Posts: 223 Forumite
    Another attempt by CEL to fleece the public bites the dust:

    [FONT=&quot]Thank you for submitting your parking charge Appeal to POPLA.[/FONT]

    [FONT=&quot]An Appeal has been opened with the reference xxxxxxxxx[/FONT]

    [FONT=&quot]Civil Enforcement 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.[/FONT]

    [FONT=&quot]Yours sincerely[/FONT]

    [FONT=&quot]POPLA Team [/FONT]

    [FONT=&quot]ET6116/001[/FONT]
    [FONT=&quot]
    [/FONT]
    I wonder why all these 'can't be arsed to defend' decisions are becoming popular?
    [FONT=&quot]
    [/FONT]
    'People are stupid; they can only rarely tell the difference between a lie and the truth, and yet they are confident they can, and so are all the easier to fool.' Wizard's first rule © Terry Goodkind.
  • Perhaps if they don't have to pay a POPLA fee they are taking the motorist one step further in having to prepare a POPLA appeal rather than cancelling at the initial appeal.
    It seems daft to me that POPLA aren't charging as they have to communicate with the PPC, so there is a cost or have I misunderstood the new regime rules?
    REVENGE IS A DISH BETTER SERVED COLD
  • yotmon
    yotmon Posts: 485 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    By not charging the PPC for a non contested popla case has left them with nothing to lose.

    Why would they bother cancelling at the first appeal stage, better to let the 'victim' wriggle away on the hook. He/she may just pay up without taking it to popla but if they do, then the PPC can just throw in the towel , it's no skin of their nose !
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