POPLA Decisions

Umkomaas

Eebe wrote: »

Success against Highview Parking at Coventry Airport Retail Park, owned by LondonMetric Property. Overstayed 3 hours free parking due to newly introduced poor signage. Appealed to HP on this basis but was rejected. Appealed to POPLA and HP decided not to contest.

Run, run, run away, Highview Parking!

Good result however achieved. Well done!

AKent

Southeastern Railway car park, ticket for non-display of permit

Appealed 25/07/16, on hold since then as a byelaws case.

Appealed on the grounds that I had a permit (enclosed photo) and the Indigo "evidence" consisted only of photos of the car which had such bad reflections from the windscreen that you could only see half of the dashboard. This was the only grounds of appeal, as I hadn't read the forum back then!

Received notification today as follows:

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference xxx.

Indigo Solutions 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

Frade

Decision
Successful

Assessor Name


Assessor summary of operator case
The operator’s case is that the appellant parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is that the Notice to Keeper (NTK) is not PoFA compliant, not relevant land under PoFA, no authority from the landowner, poor signage and the parking charge is not a genuine pre-estimate of loss.

Assessor supporting rational for decision
I acknowledge the reason the operator has issued the Parking Charge Notice (PCN). The burden of proof lies with the operator to demonstrate that it has issued the PCN correctly. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN, as the operator has issued a NTK to the keepers address. I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in 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 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. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal

Coupon-mad

Frade wrote: »

Decision
Successful

Assessor summary of operator case
The operator’s case is that the appellant parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is that the Notice to Keeper (NTK) is not PoFA compliant, not relevant land under PoFA, no authority from the landowner, poor signage and the parking charge is not a genuine pre-estimate of loss.

Assessor supporting rational for decision
I acknowledge the reason the operator has issued the Parking Charge Notice (PCN). The burden of proof lies with the operator to demonstrate that it has issued the PCN correctly. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this PCN, as the operator has issued a NTK to the keepers address.

I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in 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 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. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal

Well done, here was your thread:

http://forums.moneysavingexpert.com/showthread.php?t=5603706

APCOA at Luton Airport, beaten again!

meater

UKPC fold again before getting to POPLA appeal. Another win for the MSE team

No thread made for this one but have received a reply from both POPLA & UKPC to say they won't be challenging any further.

cretoony

Successful appeal against a PCN with NCP at London underground carpark for parking outside of a bay (along with 6 other cars, bad carpark design). Had a rejected original appeal by NCP, appealed to POPLA quoting signage, railway bylaws etc. on advice from Coupon Mad, The Deep and Umkomaas. Received email stating:

"NCP Ltd have told us they do not wish to contest the Appeal" Apparently Cancelled as a gesture of goodwill.

Big respect to everyone on the forum! Cheers

http://forums.moneysavingexpert.com/showthread.php?t=5578524

Umkomaas

Great result, and thanks for linking this to your original thread. Reading back over it is useful - reminds me of what I said a couple of months back, hard to keep tabs on every bit of advice given. Lord knows how Coupon-mad remembers.

Well done.

HCRIBA

hi,

My first posting but need help with getting 10 digit code for city of london council but they have sent me a notice of rejection email attached with appeal application. I have rang and asked if they can provide me with the code but they say they are not aware of this code.

can you help please

Coupon-mad

HCRIBA wrote: »

hi,

My first posting but need help with getting 10 digit code for city of london council but they have sent me a notice of rejection email attached with appeal application. I have rang and asked if they can provide me with the code but they say they are not aware of this code.

can you help please

City of London Council are not a private parking firm! You have a real penalty charge there.

Your next level of appeal is explained in their rejection letter AND on the back of the PCN AND on the CoL website about penalty charges.

If you want help with a Council PCN, post on pepipoo in the right forum:

http://forums.pepipoo.com/index.php?showforum=30

pogofish

HCRIBA wrote: »

hi,

My first posting but need help with getting 10 digit code for city of london council but they have sent me a notice of rejection email attached with appeal application. I have rang and asked if they can provide me with the code but they say they are not aware of this code.

can you help please

This has nothing to do with POPLA - And you clearly agreed to not hijack threads as part of your signup.

Post this in the main forum for more help.