POPLA Decisions

Ralph-y

thread found here



https://forums.moneysavingexpert.com/discussion/comment/76320304#Comment_76320304


Ralph:cool:

morofsky

Please tell me, as I am so confused. The appeal was successful but it says that the ticket was issued correctly? Do I have to pay for it?

Decision Successful
Assessor Name Gemma West
Assessor summary of operator case
The operator’s case is that the appellant parked outside of a marked bay.

Assessor summary of your case
The appellant’s case is that on entering the car park there is a large sign advising three hours free parking; however, does not mention to park in a marked bay. He says that all the signage was sideways and no signage close to where he parked his vehicle as it was 10 metres away. The appellant states the yellow lines where covered in leaves and debris and the yellow lines where impossible to see. The appellant has provided photographs of the signage and of the car park within his submission to POPLA.

Assessor supporting rational for decision
The appellant has indicated that he was the driver on the date of the contravention. I will therefore be considering his liability as driver of the vehicle. The terms and conditions of the site state: “Failure to comply with the following at any time will result in a £100 Parking Charge being issued to the vehicle’s driver…All vehicles must be parked only within marked bays”. The operator has issues the Parking Charge Notice (PCN) as the appellant parked outside of a marked bay. On the face of the evidence, I consider it looks like there is a contract between the appellant and the operator, and the evidence suggests the terms have been breached. I now turn to the appellant’s grounds of appeal to determine if they make a material difference to the validity of the parking charge notice. The appellant states on entering the car park there is a large sign advising three hours free parking; however, does not mention to park in a marked bay. He says that all the signage was sideways and no signage close to where he parked his vehicle as it was 10 metres away. Whilst I appreciate these comments regarding the entrance sign. However, an entrance sign is in place to be a visual indication to advise that there are terms and conditions. As such, it is the responsibility of the motorist to seek out the terms and conditions. I note the appellant’s comments however; the operator has provided photographic evidence of the signage on site. From the evidence provided, I can see that there is signage located all around the site informing motorists of the terms and conditions. Given this, I must consider the signage in place at this location to see if it was sufficient to bring the terms and conditions to the attention of the driver when entering and parking at the location. Within Section 18.1 of the British Parking Association (BPA) Code of Practice it states that “In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.” In addition to this, Section 18.2 of the BPA Code of Practice states that “Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of.” Having considered the evidence provided, I am satisfied that the operator had installed a suitable entrance sign at this location, and this was sufficient to make motorists aware that the parking is managed on this particular piece of land. Furthermore, within Section 18.3 of the BPA Code of Practice, it states that: “Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.” Having considered the signage in place, I am satisfied that the operator has installed a number of signs throughout the car park and these are sufficient to bring the specific terms and conditions to the motorists’ attention. In my view, these are “conspicuous”, “legible and written in intelligible language, so that they are easy to see, read and understand”. The appellant states the yellow lines where covered in leaves and debris and the yellow lines where impossible to see. Whilst I note these comments, the PCN was not issued for parking on yellow lines it was issued for not parking in a marked bay. Therefore, it is irrelevant if the yellow lines where not on show. Ultimately, it is the responsibility of the motorist to comply with the terms and conditions displayed on the signage. On this occasion, the appellant parked outside of a marked bay and therefore did not comply with the terms and conditions. I conclude the PCN was issued correctly. I must refuse the appeal.

ParkingNumpty

@ morofsky

The Assessor's decision ends with the words

I conclude the PCN was issued correctly. I must refuse the appeal.

It seems clear from the assessment that you lost.

However, it also says the decision was successful, which suggests to me that maybe Gemma clicked the wrong button after she had finished. .

I would suggest doing nothing at this stage and hope the operator doesn't bother reading the decision. Hopefully they won't notice.

ParkingNumpty

APCOA Luton Airport appeal.

Not contested as no evidence submitted by APCOA within the allotted 21 days. But they didn't withdraw, the POPLA appeals give the operator 21 days after which it's automatically withdrawn..

https://forums.moneysavingexpert.com/discussion/6046832/popla-appeal-apcoa-luton-airport

Appeal has been withdrawn by the operator
Withdrawn on 02/10/2019

Verification Code
0512269010

Withdrawal reasons
N/A

Umkomaas

Please tell me, as I am so confused. The appeal was successful but it says that the ticket was issued correctly? Do I have to pay for it?

Decision Successful
Assessor Name Gemma West

Which parking firm please?

Coupon-mad

I just did a POPLA appeal for a friend v OPS last week, and OPS ran away within days:

Dear Coupon-mad's friend,

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 498xxxxxxx.

One Parking Solution Ltd - EW 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

Could it have something to do with my exposing the VERY dodgy and redacted 'contract' they keep putting before POPLA and Judges about Eastgate Wharf in Lewes?

In the POPLA appeal, I might have mentioned it!

morofsky

it is UKPC

Coupon-mad

So ignore them unless they try a court claim, like everyone else does if they lose at POPLA.

No-one pays unless a Judge tells them to, and that's vanishingly unlikely on this forum.

mollythedog

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference XXXXXXXXXXX.

APCOA Parking - XX 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

:beer::beer::beer::beer::beer:

morofsky

So ignore them unless they try a court claim, like everyone else does if they lose at POPLA.

No-one pays unless a Judge tells them to, and that's vanishingly unlikely on this forum.

Well, I am using a company van, should I still wait until I will get a court claim? Don't want to mess this up.