POPLA Decisions

azz007

Coupon-mad wrote: »

Seriously, the likes of Minster Baywatch have got nothing covered whatsoever, and NO-ONE should pay to avoid poxy letters!

I meant that in the fact they provided the evidence in their pack and the assessor agreed with it all. which is very unusual.

LongLegs17

I apologise if I've done this wrong, but looking at the others I think I'm safe - however please edit as necessary if I am indeed wrong (please also accept my apology if so)

Initial Thread - https://forums.moneysavingexpert.com/discussion/5729924

Decision: Successful

Assessor Name: Chris Markey

Assessor summary of operator case
The operator alleges the motorist has remained longer than the stay authorised or without authorisation.

Assessor summary of your case
1. The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5);
2. The operator failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods;
3. ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass; and
4. Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver

Assessor supporting rational for decision
The appellant has not indicated either way that they were the driver on the date of the contravention. I will therefore be considering Section 9 Protection of Freedom Act (PoFA) 2012.

The terms and conditions at this site state, “1 ½ hour max stay… Failure to comply with this will result in a parking charge of £70.” In this instance, the operator alleges that the motorist has remained at the car park longer than the stay authorised or without authorisation. The operator has provided copies of its signage, including a site map. Further, the operator has provided photographs from its Automatic Number Plate Recognition (ANPR) cameras situated at the entrance and exit points. These captured the vehicle details of XXXXXXX entering the site on at 20:25:51 and exited at 22:06:16, which is a total stay of one hour, 40 minutes and 25 seconds. The parking operator has issued a PCN to the registered keeper of the vehicle after the DVLA returned the keeper details.

The appellant states the parking operator has not complied with Section 9 Protection of Freedom Act (PoFA) 2012, as the Parking Charge Notice (PCN) was issued over the 14 days to the registered keeper. The appellant has not acknowledged that they were the driver of the vehicle on the date of the contravention. As such, I believe that the operator was correct to issue the Parking Charge Notice (PCN) to the keeper of the vehicle given the DVLA named them as the registered keeper at the time. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this parking charge notice (PCN), as the operator has issued a notice to the keeper’s address. However, I note that the operator has not advised that it is attempting to transfer liability for the charge using PoFA 2012, and so, in its mind, the operator continues to hold the driver responsible. As such, I must 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 on the day in question. I do not consider the PCN compliant with PoFA 2012. 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 address the appellant’s other grounds of appeal.

Umkomaas

Great result LongLegs17 and I must say you’ve done a great job of making the POPLA decision much more readable with your paragraphing.

The number of people for whom we’ve put great effort into helping, who just copy and dump the often massive wall of POPLA text, then just leave us to pick our way through it all, always annoys me.

beamerguy

Well done :j
"Assessor summary of your case
1. The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5);
2. The operator failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods;
3. ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass; and
4. Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver

Will the BPA give PE a spanking ?
Too much involved I suspect

cgh01

Uncontested Popla success against NCP: initial thread:hxxp://forums.moneysavingexpert.com/showthread.php?t=5757895[/url]


I would like to thank all the regular forum members for constructing such a wealth of information as contained in the "NEWBIE THREAD"

As said on numerous other threads a long Popla appeal is well worth doing (copy and paste with a few photos attached).

Even though this was an uncontested VICTORY, it`s still feels good!!!!!!

""]Thank you for submitting your parking charge Appeal to POPLA.
An Appeal has been opened with the reference 4363257506.
NCP 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!

ET6116/001

kind regards
Adam
( still not allowed to post url. link hence broken link to original thread)

Jed57

Hi Everyone - I suffer Chronic PTSD after 1991 Gulf conflict. Semi retired now I do a little private hire driving. Waited at Shell petrol stn at LGWNorth. Suffered a 'flashback', Debilitated shocked and VERY upset, it took me 20 or more minutes to recover enough to be able to safely drive away. PCN received and appealed; flabbergasted when refused by Eurocarparks. Went to POPLA appeal - Again REFUSED. Complained and STILL they cannot see logic or have ANY compassion to a wounded veteran. SHAME SHAME SHAME on them

Coupon-mad

Jed57 wrote: »

Hi Everyone - I suffer Chronic PTSD after 1991 Gulf conflict. Semi retired now I do a little private hire driving. Waited at Shell petrol stn at LGWNorth. Suffered a 'flashback', Debilitated shocked and VERY upset, it took me 20 or more minutes to recover enough to be able to safely drive away. PCN received and appealed; flabbergasted when refused by Eurocarparks. Went to POPLA appeal - Again REFUSED. Complained and STILL they cannot see logic or have ANY compassion to a wounded veteran. SHAME SHAME SHAME on them

You are covered by the Equality Act 2010 (EA) and although POPLA do not take the Act into account (astonishingly), the law certainly does, and a small claim court would.

Look:

https://forums.moneysavingexpert.com/discussion/comment/73680257#Comment_73680257

You could sue them. Why not contact the Equality Advisory and Support Service (EASS) as shown there. the other links show you the case law and that you can sue for £1000 for distress, but must do so within 6 months of the last conduct, i.e. any letter they send demanding money despite the fact ECP know you have 'protected characteristics' (disability) under the EA.

You do know not to pay this, we hope?

What about a disability discrimination complaint to the owners of the Shell petrol stn at LGWNorth, for their contractor's illegal failure to allow 'reasonable adjustments' of time, for a person with your ongoing condition, a feature of which actually caused the issue.

Jed57

Hi Coupon-mad!
Thanks very much for such great info - will certainly look into this angle. Certainly Have notpaid the PCN. Have now had debt collection company demand also. Have many irons in the fire including Veterans Charities etc and my MP.
Thanks so much again

Ralph-y

Jed57 ... I am glad to see that you are getting advice from some of the most informed in the country ...
do the research they suggested and come back for further help if needed ...

It would help the forum and yourself if you started a new thread when doing so ...

if you follow this link to the main start / landing page

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

you will see the new thread button .......

it will help keep all your details in one thread ... this one is for reporting POPLA results .... and as such would tend to bury your postings ...

hope that explains things ...

and good luck from me ...

Ralph:cool:

The_Deep

How about getting the Daily Mail interested, they love this sort of thing.