POPLA Decisions

The_Deep

Meanwhile the poorly educated, the gullible, and the vulnerable, those whom the PPCs deem likely to fail at popla are bullied by DBA, low rent solicitors and the PPCs.

The only thing which can stop this is Government Intervention. The CRA is there, it would not take to much time or effort to beef it up.

crossone

https://forums.moneysavingexpert.com/discussion/5753422

Operator: Gemini Parking Solutions

Verification Code 4163477483
Date: 17.01.18

Decision: Successful

Assessor summary of operator case
The operator’s case is that the appellant failed to pay for parking.

Assessor summary of your case
The appellant’s case is that the parking charge is not compliant with the Protection of Freedoms Act (PoFA) 2012. The appellant stated that the operator has not shown that the individual it is pursuing is liable for the charge. The appellant said that the registered keeper of the vehicle did not enter into a contract with the operator. The appellant said the site did not have facility to pay by cash. The appellant said that the car park had no clear signage. It also failed to inform drivers how it uses the ANPR data.

Assessor supporting rational for decision
As the appellant has not declared the driver of the vehicle, I must consider whether the conditions of the Protection of Freedoms Act (PoFA) 2012 were met. The operator is pursuing the appellant as the Registered Keeper of the vehicle in this instance. As the operator has not identified the driver of the vehicle, the Parking Charge Notice (PCN) will need to comply with the regulations set out in section 9 of PoFA, 2012. The Notice to Keeper will need to comply with section 9 of PoFA, 2012 that states that the creditor 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 PCN provided by the operator states “failure to pay the amount within 28 days of the issue date may result in civil; enforcement ltd (the creditor) forwarding your account to a debt recovery agency”. Further, I do not consider the PCN requested the driver details from the keeper. I am not satisfied that this Notice clearly informs the appellant that if the creditor does not know the name of the driver the operator can recover the costs from the keeper of the vehicle. I cannot conclude that the Notice to Keeper does meet the requirements of PoFA 2012. Therefore, I must allow the appeal.

MattHR

Summary: Car Flow Ltd operate parking restrictions for St Peter's Court in Chalfont St Peter. My car stayed on the premises for 76 minutes one Sunday afternoon, exceeding the 60 minute. I received a demand for £100 for these 16 minutes. I successfully appealed, winning on the basis that a grace period should be applied to the 60-minute limit.

Thanks to those who give up their time to provide guidance on these forums.

Here is link to my thread
forums.moneysavingexpert.com/showthread.php?p=73781514&posted=1#post73781514

Here is outcome (edited):

Decision: Successful
Assessor Name: Chris Markey
Assessor summary of operator case
The parking operator alleges the motorist has overstayed the 60 minute maximum free stay period.

Assessor summary of your case
The appellant has raised several grounds of appeal as follows: • the minimum grace period was not allowed by the operator; • no evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice; • the charge is punitive and out of proportion with the 16-minute infraction; and • no receipt of notice to keeper.

Assessor supporting rational for decision
I am unsure of the driver and will therefore consider Protection of Freedom Act 2012 (PoFA 2012). When parking on private land, it is the responsibility of the motorist to ensure they adhere to the terms and conditions of the car park. The terms and conditions at the site state “Private car park… 60 Minutes max stay… Parking limited to 60 minutes. No return within 2 hours… Customer only car park… Failure to comply will result in a parking charge of £100”. In this instance the parking operator issued the Parking Charge Notice (PCN) as the motorist has overstayed the 60 minute maximum free stay period. The operator has provided copies of its signage. Further, the operator has provided photographs from its Automatic Number Plate Recognition (ANPR) cameras. These captured the vehicle VRM xxxxxxxx entering the site at 14:xx:xx and departing at 15:xx:xx a total duration one hour and 16 minutes. The parking operator has issued a PCN to the registered keeper and the appellant has raised an appeal. I note that when the parking operator requested the details of the registered keeper of the vehicle, the DVLA returned the details the appellant is acting on behalf of. As such, I believe that the parking operator was correct to issue the PCN to the registered keeper of the vehicle given the DVLA named her as the registered keeper at the time.

The appellant has raised several grounds of appeal as follows: • the minimum grace period was not allowed by the operator; • no evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice; • the charge is punitive and out of proportion with the 16-minute infraction; and • no receipt of notice to keeper.

[guff about signage - deleted because it is long but basically saying that the signage was adequate]

The appellant states that the operator has no evidence of how long the vehicle was parked. For the period that the vehicle remained on site, the appellant was gaining utility from the operator in using the facilities provided, regardless of whether they considered themselves to be parked.

The appellant states the operator did not allow for the minimum grace period. The driver on the day in question had two small children with them and needed to ensure they were safely placed in the vehicle and then had to exit the car park. The British Parking Association (BPA) Code of Practice Section 13 refers to Grace periods. Section 13.2 states: “If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.” I acknowledge the appellant has remained on site for 16 minutes in excess of the maximum stay of 60 minutes. Taking the Grace Period outlined above I consider the appellant has left the car park within a reasonable timeframe following the end of the contract and therefore I must allow this appeal. As I am allowing the appeal on this basis, I do not need to consider the other comments or grounds of appeal raised by the appellant.

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/73781514#Comment_73781514

Good result. But I’ve seen appeals turned down on much shorter Grace Periods being argued. But a win is a WIN! :T

Taking the Grace Period outlined above I consider the appellant has left the car park within a reasonable timeframe following the end of the contract and therefore I must allow this appeal.

And we’ll done on all your own efforts to take this right the way through to conclusion without direct forum assistance - the sticky does work in its own right - and thanks for providing your feedback.

met6173

Hi,
I've appealed through POPLA for a NTK issued by Britannia. When I track the progress Britannia have withdrawn 'as a good will gesture'. Obviously I can see this when I log in etc but this was over a week ago. I expected to recieve a notification either by letter or e-mail. Will I get a response and if so how long can I expect to wait for one?
Thanks

Fruitcake

met6173 wrote: »

Hi,
I've appealed through POPLA for a NTK issued by Britannia. When I track the progress Britannia have withdrawn 'as a good will gesture'. Obviously I can see this when I log in etc but this was over a week ago. I expected to recieve a notification either by letter or e-mail. Will I get a response and if so how long can I expect to wait for one?
Thanks

First of all, take a screen shot of that information. I don't know how long this will take, but the info has to go from the PPC to PoPLA and then PoPLA to you, so I would wait a bit longer.

Anyway, well done as it looks like you have won.

Original thread here.

https://forums.moneysavingexpert.com/discussion/5750917

met6173

Thanks, I did a screen shot as soon as the staus changed just incase it changed or I needed any proof but seems like I'll have to wait a little longer for written confirmation

beamerguy

met6173 wrote: »

Hi,
I've appealed through POPLA for a NTK issued by Britannia. When I track the progress Britannia have withdrawn 'as a good will gesture'. Obviously I can see this when I log in etc but this was over a week ago. I expected to recieve a notification either by letter or e-mail. Will I get a response and if so how long can I expect to wait for one?
Thanks

WELL DONE, YOU BEAT A SCAMMER :beer::beer:

'as a good will gesture'

Translated into English .....

"sorry we issued a fake charge, do forgive us":rotfl::rotfl:

waamo

met6173 wrote: »

Hi,
I've appealed through POPLA for a NTK issued by Britannia. When I track the progress Britannia have withdrawn 'as a good will gesture'. Obviously I can see this when I log in etc but this was over a week ago. I expected to recieve a notification either by letter or e-mail. Will I get a response and if so how long can I expect to wait for one?
Thanks

I did a POPLA appeal a few weeks back. Strangely I won but didn’t have any notification. I haven’t posted details on the board as it was a high risk appeal that I wouldn’t advise anybody else using and I’ve got an ICO complaint going through on the back of it.

Umkomaas

waamo wrote: »

I did a POPLA appeal a few weeks back. Strangely I won but didn’t have any notification. I haven’t posted details on the board as it was a high risk appeal that I wouldn’t advise anybody else using and I’ve got an ICO complaint going through on the back of it.

Keep us posted waamo.