POPLA Decisions

DollyDee_2

Unwitting_brewer's original thread:

https://forums.moneysavingexpert.com/discussion/5526512

minttea1

Thank you for submitting your parking charge Appeal to POPLA.

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.


thread 5527180

Umkomaas

minttea1 wrote: »

Thank you for submitting your parking charge Appeal to POPLA.

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.


thread 5527180

https://forums.moneysavingexpert.com/discussion/5527180

RobinofLoxley

Successful POPLA appeal against Premier Park Ltd, Berry Head, Brixham, 29/11/16.

forums.moneysavingexpert.com/showthread.php?t=5530893

A big thank you to all for your help and information provided on this forum that enabled me to successfully fight this PCN :beer:

Umkomaas

https://forums.moneysavingexpert.com/discussion/5530893

Well done you. Could you give us some details of the POPLA rational (sic) as PPS has been on the forum radar of late and seeing what POPLA dismissed their case will no doubt help other PPS victims.

RobinofLoxley

Well done you. Could you give us some details of the POPLA rational (sic) as PPS has been on the forum radar of late and seeing what POPLA dismissed their case will no doubt help other PPS victims.

Do you mean Premier Parking Services or Premier Park Ltd, who issued my PCN.

Assessor supporting rational for decision
The operator has provided photographic evidence of the signage “Parking period commences 5 minutes after entry… If you enter or park on this land contravening the above terms & conditions, you are agreeing to pay: Parking Charge Notice (PCN) £85.” The operator issued the PCN as the appellant overstayed at the car park by 23 minutes. Furthermore the operator has provided photographic evidence of the appellant’s vehicle entering the Berry Head car park at 12:17 and exiting at 15:41, totalling a stay of three hours and 23 minutes. The appellant states the operator has not issued the Notice to Keeper does not conform to the Protection of Freedom’s Act (PoFA) 2012. The operator is pursuing the registered keeper for the parking charge as it has not been able to identify the driver of the vehicle. In order for the operator to do this, it must transfer liability for the charge from the driver to the keeper in accordance with Protection of Freedom’s Act (PoFA) (2012). I have reviewed the copy of the notice to keeper provided by the operator. Schedule 4 Paragraph 9(2)(f) PoFA provides that the notice to keeper 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 notice to keeper has not satisfied the above requirements of PoFA (2012). This is because it does not give the correct timescale for the transfer of liability. Under PoFA (2012), transfer of liability occurs after ‘28 days beginning with the day after the date the notice is given’, but the notice to keeper states ’… within 29 days …’. The letter does not specify whether this time runs from the date of issue of the notice or the date the notice is given. Whilst I appreciate the appellant has raised other grounds of appeal, it is not necessary to consider these further. PoFA (2012) has strict requirements for the transfer of liability and these requirements have not been met in this case. As such, I cannot determine that the parking charge has been issued correctly. Accordingly, I must allow this appeal.

This has always been a fail for Premier Parks NTK's until recently when I think a couple of people have had assessors who thought it wasn't a problem. This week a few appeals have been successful due to this issue.

Coupon-mad

This must be you on pepipoo, I just posted to congratulate you:

http://forums.pepipoo.com/index.php?showtopic=110270&st=0&gopid=1236466&#entry1236466

http://forums.pepipoo.com/index.php?showtopic=108417

So this year the forums appear to have overcome two significant errors of judgement by POPLA:

- this one re Premier Park, now back on track with proper decisions, and
- the error they made earlier this year, when POPLA used to hold a keeper liable even when there was no NTK.

RobinofLoxley

Yes it's me, I've just replied to your post on there.
Thank you CM for your help, couldn't have done it without you :T

villwad

ECP Greengate - Wrong Reg - Successful Appeal

New user so can't post link, but search forum for ECP Greengate

Thank you for submitting your parking charge Appeal to POPLA.

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

Euro Car Parks 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.

Thanks again for all the help :T

Umkomaas

Well done Villwad.

https://forums.moneysavingexpert.com/discussion/5553258