POPLA Decisions

Superjeff

Just signed up as wanted to say a massive thank you to the newbie thread and all involved. 
A driver of my car stopped in a car park for 8mins and decided not to stay. Got a PCN not long after as the keeper.
The operator rejected my appeal so Appealed to Popla using the Grace period template from the newbie thread and included lack of planning permission etc for cameras and poor signage. The operator withdrew without any challange.

'' 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''

So again massive thanks for all of the help available here! The thing is now the carpark has lost any future money as it was the first time the driver  had been there and is in a position that they would have likely used regularly after finding it (didn't take card so would have taken change in future). There loss I suppose as we shall continue to use a better known carpark opposite! 

Ralph-y

well done ..... please consider letting the said car park know your decision....

Ralph

kingkajee

A huge thank you to all on this forum.  
I was given a lovely yellow sticker on my windshield back in November for parking in an electric vehicle only bay at Leyton Mills Asda car park.  Before anyone shoots me down for hogging a bay that could have prevented someone from getting home, I'd like to make it clear that this was unintentional due to poor signage.  I was confident with my appeal to UKPC Ltd and with genuine proof or purchase from Asda for our 3 month old's essentials, I was sure this was going to be an open and shut case.  
As you guessed, my appeal was thrown out by UKPC finding out the hard way of how these sc*mbags operate.

I came across this forum.  Unfortunately, I had already admitted being the driver of the vehicle in my appeal.  However, following the newbies thread, I focused on poor signage and authority to operate on the land.  Having prepared an 18 page appeal and following the legends direction on this forum, my appeal was successful on landowner authority.  Details below.

Once again, thanks you!

Decision

Successful

Assessor Name

Georgina Riley

Assessor summary of operator case

The operator’s case is that the appellant’s vehicle parked at the car park at Leyton Mill Retail Park where the operator issued a Parking Charge Notice (PCN) for parking in an electric vehicle designated bay.

Assessor summary of your case

The appellant’s case is that they are appealing as the registered keeper of the vehicle. The appellant states that the signage in the car park is not prominent, clear or legible from all parking spaces. The appellant states that there is insufficient notice of the sum of the PCN. The appellant states that the operator does not have the written authority from the landowner to manage parking at the site or issue PCN’s. The appellant has provided four documents, three of these have different titles, all four of these documents are identical and contain the appellant’s grounds of appeal. The appellant has also provided a site map of the site, photographic evidence of the signage at the site, the appearance of different bays including disabled persons, parent and child and electric vehicle bays

Assessor supporting rational for decision

The operator has stated in its evidence pack that it considers the appellant to be the keeper of the vehicle. However, having reviewed the evidence, I do not consider the appellant has admitted to being the driver in their appeal. However, they are the registered keeper, I will therefore be considering their liability as keeper of the vehicle. POPLA is an evidence-based appeals service. All appeals are decided using the evidence and statements from the appellant and the parking operator, using the British Parking Association (BPA) Code of Practice as guidance for an expectation of minimum standards. POPLA’s main responsibility is to determine whether a PCN was issued in accordance with the terms and conditions. When assessing an appeal the burden of proof lies with the operator and it is the operator’s responsibility to provide sufficient evidence in rebuttal of the appellant’s statement. When providing evidence in support of an appeal, it is the operators responsibility to provide sufficient evidence demonstrating that the PCN was issued correctly, in accordance with the terms and conditions of the site, the BPA Code of Practice and in direct response to the appellant’s grounds of appeal. While the appellant has raised a number of grounds for appeal, my report will focus on whether the operator has authority to operate on the land. Section 7 of the British Parking Association (BPA) code of practice requires operators to own the land or to have written authority from the landowner to operate on the land. As the operator has failed to provide any evidence in response to this ground of appeal, it has failed to prove that it has the required authority to operate on the land in question. Fundamentally, it is the operator’s responsibility to provide sufficient evidence showing the PCN was issued correctly. I determine that on this occasion the operator has failed to do this and as such, I am unable to determine whether the PCN was issued correctly. As such, I will allow this appeal and the other grounds raised do not require any further consideration In conclusion, the burden of proof lies with the operator and I determine on this occasion the operator has failed to provide sufficient evidence demonstrating that the PCN was issued correctly.

Coupon-mad

Well done - can be easy when you know how! 

MoneySavingPest

Recent win at POPLA - thanks to this Forum!

My car received a windscreen ticket from APCOA while parked at Bicester Village station car park, for being parked other than in a parking space for cars. I as keeper used the standard appeal text for the first appeal to APCOA, then the text attached for the appeal to POPLA (plus a few photos of signs I took).

APCOA decided not to contest the appeal.

The only strange thing is that a couple of days after that, I received an out of time NTK - which seems bizarre and probably an abuse of their power to request keeper details!

Coupon-mad

They are allowed to request keeper details anyway - and a non-POFA NTK (all APCOA ones are not POFA worded) is not 'out of time' anyway.  The dates don't matter. 

A non-POFA NTK is not bound by any 14 day rule, but it can't hold the recipient liable and they hope victims just don't know that and will rush to appeal and blab about being the driver, and unpick the 100% watertight 'no liability in law' position they had as keeper.

missp

A  massive thank you to all of you who helped me with my four pcns... my thread being" PCN reference number illegible can't appeal or pay"  
I've finally got 3 emails back from POPLA and I quote
Dear xxx xxx
Thank you for submitting your parking charge to POPLA
An appeal has been opened with reference xxxxxxx
P4 Parking - 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.

Hurrah, those were for 3 pcns where I was parked in the visitor bays...  And I used the templates and barely changed them to suit my case.... and they're not contesting. Brilliant!
But the operator P4 fought back for my first PCN, the four hour overstay, they submitted their evidence to POPLA which had a photo of my car in a different bay to the one I WAS parked in, I highlighted this to POPLA, a few weeks later got an email saying POPLA have reached a decision, logged on and I WON, due to the fact P4 haven't submitted any counter evidence.
So all four PCNs kicked out of sight.  
Thank you all you amazing generous people out there who helped me through this, giving your time....  and to think I was going to pay when they had risen to £125 each!  Me and the baby and the new track pad are super grateful, couldn't have done this without you all.  You are all amazing,
 Big thanks to you especially Coupon-mad

Umkomaas

Thanks for feedback @missp, amazing result. Well done on getting all 4 overturned. 

gt1990

I need help and advice as I am clueless to where to go now or what to do these fraudsters want my money on false grounds and accusations 

I checked into a hotel in two occasions which had a system in place to register my car which I did and I got a fine of 100£ each from ukpc

I provided my booking confirmation as the hotel suggested I do I even provided a Time stamped picture taken from my phone showing me entering my registration into the systemÂ*

They refused their argument is that it's not in their system

Ok but then that means ur system is faulty

Even popla rejected my appeal

I need help as it is ridiculous I did everything required and have proof

They are making excuses on grounds of how photos can me manipulated that I have taken with my phone and bla bla

Poplas response 

Assessor summary of operator case

The operator has issued the Parking Charge Notice (PCN) due to exceeding maximum allowed stay.

Assessor summary of your case

The appellant’s case is that they were a guest of the hotel and registered their vehicle when checking in. Please note, any further grounds of appeal that have only been included in the ‘motorist comments’ section will not be considered. POPLA cannot consider grounds of appeal that have only been raised in this section and weren’t included within their original appeal to POPLA. The appellant has provided evidence to support the appeal.

Assessor supporting rational for decision

The appellant has identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the driver. The operator has provided photographic evidence of vehicle entering the site at 12:16 and exiting at 14:36 totalling a stay of 2 hours and 19 minutes spent at site. When entering onto a private car park such as this one, any motorist forms a contract with the operator by remaining on the land for a reasonable period. The signage in place sets out the terms and conditions of this contract. The operator has provided photographic evidence of the signage in place in the car park, which states: “TERMS OF PARKING APPLY AT ALL TIMES … Failure to comply with the following at any time will result in a £100 Parking Charge being issued to the vehicle’s driver … 2 hours maximum stay” The appellant states they were a guest of the hotel and registered their vehicle when checking in. The appellant has provided evidence to support the appeal. However, this does not show that the appellant is exempt from the parking terms or receiving a PCN. Whilst I appreciate the appellant's comments, I am satisfied the signage at the site is clear in explaining the terms and conditions of parking at the site. Ultimately, it is the motorist’s responsibility to comply with the terms and conditions of the car park. Upon consideration of the evidence, the appellant exceeded maximum allowed stay, and therefore did not comply with the terms and conditions. As such, I conclude that the PCN has been issued correctly. Accordingly, I must refuse this appeal.

Umkomaas

Please start a new thread of your own for help in taking this further. You won't get help on this thread.