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POPLA Decisions

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  • Umkomaas
    Umkomaas Posts: 43,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is the downside of kitchen sink appeals when there is a genuine major point.
    Entirely understand the point you are making GD, but there is no excuse for a 'professional' adjudicator, employed by the country's main ADR service, to overlook a key element of a consumer's pleading to them.

    We never saw this with 'old' POPLA, once underway. 'New' POPLA has had plenty more than enough time to sort out their initial teething issues, and there have been a number of occasions where fundamental errors have been, and continue to be, made.
    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: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 May 2018 at 8:49PM
    The British Parking Association (BPA) audits the ANPR systems in use by parking operators in order to ensure it is in good working order and the data collected is accurate. I accept the appellant disputes the ANPR evidence provided by the operator, however as no evidence has been provided to demonstrate otherwise, I will work on the basis that the technology is accurate
    John Gallagher replied to someone earlier in May and said he was 'today' telling the team not to say the above, because POPLA concedes they were wrong to interpret that ANPR systems working are audited. No-one audits them.

    Anyway, concentrate the appeal firstly - as Umkomaas says - on the procedural error of not even considering the point about signs in the dark. Make the complaint short and punchy, quoting a couple of lines from what you said about the signs not being lit.

    Don't wrote that you 'disagree' or are 'disappointed' - write that:

    There has been a clear procedural error in the Assessor not considering the signage photo evidence against the appeal point that the signs were not lit in the dark, and were invisible to even see, let alone read terms on them. The operator failed to deal with this appeal point, and the Assessor ignored it, and the evidence did not include any images in the dark, so the Assessor cannot possibly have concluded the terms on the signs were readable at that time (before the clocks went back in March - pitch black on arrival?).
    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
  • Umkomaas
    Umkomaas Posts: 43,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    John Gallagher replied to someone earlier in May and said he was 'today' telling the team not to say the above, because POPLA concedes they were wrong to interpret that ANPR systems working are audited. No-one audits them.
    Yet another 'fob off' line. When will they take some executive responsibility for what they are saying? Do they even understand half the stuff they are dealing with? Seemingly not!

    Anyone wanting their nails polished?
    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: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas wrote: »
    Anyone wanting their nails polished?
    Not today, I'm curling up with a novel!
    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
  • Umkomaas
    Umkomaas Posts: 43,333 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Coupon-mad wrote: »
    Not today, I'm curling up with a novel!

    Not one of those steamies penned by one of our favourite POPLA adjudicators?
    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
  • Le_Kirk
    Le_Kirk Posts: 24,518 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    ....... (before the clocks went back in March - pitch black on arrival?).
    Clocks go FORWARD in March!!
  • Coupon-mad
    Coupon-mad Posts: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Oh yeah...Spring forward!
    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
  • Aveneir
    Aveneir Posts: 5 Forumite
    PPC - Parking Eye


    I was given a PCN for overstaying 15 minutes in a supermarket car park. The PCN states that I should have registered my vehicle registration on an in-store terminal.


    My grounds of appeal were ; there was NO terminal in-store, unclear signage and the PPC has no authorisation from landowner to issue PCN's. The PPC provided a 'witness' statement signed by the store customer services supervisor or 'landholder' (I think this means tenant) stating they had permission to issue PCN's.


    The POPLA summary stated that I overstayed 60 minutes at times that were different on my PCN. They were quoting someone else's details.


    I wrote back to POPLA to explain but their reply was that the decision stands and any further correspondence from me will be ignored.


    Very disappointing.


    Does anyone know of a case where the appellant contested the legality to issue PCN's by the PPC after receiving an unsuccessful POPLA decision?
  • Ralph-y
    Ralph-y Posts: 4,679 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    yes there have been a couple .... but they must be contested as a 'procedural error '


    try a searsh using such ...


    Ralph:cool:
  • Coupon-mad
    Coupon-mad Posts: 151,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 May 2018 at 10:19PM
    The good thing is, this sounds like Aldi.

    PE never sue re Aldi locations. Expect to get some daft Equita debt demands that can be ignored.

    Did the evidence show a pic of a little keypad in a dusty corner no-where near the tills? Seen that before, no customer would notice it in a corner.
    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
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