POPLA Decisions

kpworld

Umkomaas wrote: »

Any chance of some paragraphs please. The wall of text is impossible to read.

I amended post with paragraphs

kpworld

Fruitcake wrote: »

What is the name of the PPC please? It might be in there somewhere but that post is no better than the average scammers' signs with regard to ease of reading.

Yet again, an assessor who believes a NTK Sent within 14 days is PoFA compliant, when the Act itself states the NTK must be Given or Received within that timescale.

How many days after the alleged event was the NTK issued and then received? We know from other appeals that Stuart cannot count to 14 and does not understand the difference between days and working days. It now appears that his ignorance is expanding at an alarming rate.

Other than checking if the NTK really was compliant on dates and wording, you are now in ignore mode unless you get real court papers.

Hi

PPC is Local Parking Security
They responded on 18th November

Coupon-mad

So we need to discuss it on your own thread, not here which is only for results.

kpworld

Coupon-mad wrote: »

So we need to discuss it on your own thread, not here which is only for results.

Hi

I opened new thread

https://forums.moneysavingexpert.com/discussion/comment/76588913#Comment_76588913

thanks
Krish

Fruitcake

Please don't start a new thread if one already exists about this subject. Please remove the link and replace the title and content of the new thread with Duplicate Thread. Use the Edit then Advanced Edit function to do this.

Please only post on the original thread.

saam23

London_Bloke wrote: »

Decision: Successful

Assessor Name: Michael Byrne

Assessor summary of operator case:
The operator has issued the Parking Charge Notice (PCN) as the appellant did not park in a designated parking bay.

Assessor summary of your case
The appellant advises that the operator did not issue a Notice to Keeper, in line with the Protection of Freedoms Act 2012. The appellant states that the operator has not shown that it is pursuing them for the PCN as the driver of the vehicle. The appellant argues that the operator has not proven that it has landowner authority to issue the PCN. The appellant advises that the signage on site is insufficient, in particularly in regards to the sum of the charge itself.

Assessor supporting rational for decision
By issuing the appellant with a PCN, the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. In terms of POPLA appeals, the burden of proof belongs with the operator to demonstrate that it has issued the PCN correctly. POPLA’s role is to assess whether a PCN was issued correctly. Therefore, we require evidence of the PCN in order to determine whether it has been given correctly in accordance with the terms and conditions displayed on the signage at the site. In this case, the operator has not provided sufficient evidence of the notice, and as such, I have not been able to assess if the PCN has been issued correctly. Upon consideration of the evidence provided to POPLA, I cannot determine the terms and conditions of the car park were breached. I note the appellant has provided evidence and raised other grounds for appeal. However, as I have allowed the appeal for this reason, I did not feel they required further consideration. Accordingly, I cannot conclude that the operator has correctly issued the parking charge and must allow the appeal.

Hi

I need to appeal to POLA as well. i got charge for did not park in a designated parking bay. i can see here that you got success from POLA.

Can you share you appeal document to POLa?

Thanks
Sam

Coupon-mad

Sam, you just need to start a thread or ask on your thread for guidance on your draft appeal, once you have read post #3 of the Newbies thread and found the templates that should be used in addition to any facts and photos you have.

FF7

Decision: Successful
PPC: First Parking LLP

Operator withdrew their appeal so appellant won by default. Thread with details below:

https://forums.moneysavingexpert.com/discussion/6064741/successful-popla-appeal#topofpage

clothahump

I had to go to Poole hospital for an MRI on my spine, appointment letter stated to park in space outside hospital and inform reception I was parked there.
I might well of got it wrong, I was rather stressed at the time and went straight into the MRI reception.
Few days later got fine from Britannia, told them the above, they issued fine, I appealed via POPLA, told Britannia by email I did not accept the decision and any further messages had to be postal.
Next day, email saying I had lost and just had to pay up. I am not going to.
What should I do now?

Decision
Unsuccessful

Assessor Name
Paul E Walker

Assessor summary of operator case
The operator states that the appellant’s vehicle was parked on site without being registered to do so. It has issued a parking charge notice (PCN) for £100 as a result.


Assessor summary of your case
The appellant states that he parked on site to attend an appointment for an MRI scan, as per the instructions on his appointment letter. He states that he informed staff on arrival that he had parked on site.


Assessor supporting rational for decision
The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver. The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 11:34 and leaving the site at 12:17. It is clear that the vehicle remained on site for a period of 42 minutes. The operator has provided photographs of the signs installed on the site and a site map showing where on site each sign is located. Signage at the entrance to the site clearly states: “Restrictions Apply … Terms and Conditions apply … See notices in car park for more details”. Signs within the site itself clearly state: “RESTRICTIONS AND TERMS & CONDITIONS APPLY AT ALL TIMES TO ALL VEHICLES … PLEASE REGISTER YOUR VEHICLE AT RECEPTION … £100 Parking Charge Notice may be issued to vehicles which: Fail to register vehicle registration details at reception”. Signage at the entrance to the hospital itself states: “REMINDER … Please register your full and correct vehicle registration at Reception”. The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice. The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles registered to park on site on the date in question. The appellant’s vehicle does not appear on this list. The appellant states that he parked on site to attend an appointment for an MRI scan, as per the instructions on his appointment letter. I accept that this may have been the case, however I do not accept that this entitled the appellant to park outside of the site’s terms. The appellant states that he informed staff on arrival that he had parked on site. The operator’s evidence shows that the appellant’s vehicle was not registered to park on site on the date in question. Ultimate responsibility to adhere to the terms by ensuring that his vehicle had been registered rested with the appellant. I am satisfied from the evidence both that the terms of the site were made clear and that the appellant breached the terms by parking without registering to do so. I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.

Umkomaas

Come back if you receive a Letter of Claim or a formal court claim from the Northampton CCBC. This can be beaten, but there will be some more work to do (with forum assistance). This isn't the time to knee jerk.