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POPLA Decisions
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MoneySavingExpert
Chair, Martin Lewis · Editor, Marcus Herbert
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Quick background.....
During the summer I overstayed in a P and D car park run by ParkingEye. ( paid by mobile.... hassle, hassle, hassle and then didn't receive the text which I should have reminding me) I received a parking charge notice and appealed on the grounds of not receiving the text. Needless to say this was refused but I then got wise and read lots and lots of information about this firm on forums such as this.
I cobbled together my own letter of appeal to POPLA and included evidence of payment, talked about genuine pre estimate of loss, no contract, poor signage etc etc.
Sent it all off and received the lovely paperwork from ParkingEye, no doubt designed to intimidate. Held my nerve and sent off more evidence to POPLA, this time via an email, saying that ParkingEye had still not provided me with the evidence of ANYTHING apart from loads of photocopied photos of signage and previous court cases.
My appeal was heard around the 24th October and I received this letter today....
The operator issued parking charge notice number xxxxxxxx arising out of the presence at Tower Road (Newquay) of a vehicle with registration number xxxxxxx for not purchasing the appropriate parking time or remaining at the car park for longer than permitted.
It is the Operators case that the Appellants vehicle was parked without having purchased the appropriate parking time or remained at the car park for longer than permitted and this was a breach of the terms and conditions of parking as set out on signage at the site.
The Appellant has made a number of submissions, which I do not intend to deal with and will only elaborate on the reason why I am allowing this appeal, namely that the Operator does not have the authority from the landowner to issue parking charge notices.
The Appellant has asked to see proof that the Operator has the authority to issue parking charge notices. The Operator has failed to provide a copy of the contract between themselves and the landowner to show they have the authority to issue parking charge notices and therefore I have no evidence before me to refute the Appellant's submission. The onus is on the Operator to prove their case and on this occasion they have not done so.
Accordingly, this appeal must be allowed.
N. Uddin
Please, please to everyone who feels threatened by parking companies, please read all you can from these guys and fight them... Legally of course. I could not have written my appeal to the standard it was without this forum. I must admit, I was surprised it was upheld on those grounds. But absolutely delighted!
:rotfl:
Winning on the no contractual authority is becoming a refreshing change from the GPEOL diet we've been fed on lately. Great result :T
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.
Get the POPLA appeal spot on ( from forums like this)
Also.... I added further evidence to POPLA via email after I received ParkingEye's paperwork. I wouldn't have thought of doing that, but read it here somewhere.... and because I kept it inside the deadline date why not? This email was based on the fact PE hadn't sent me all the evidence I'd asked for in my first written appeal letter... And it was on this point that the appeal was allowed.
Thankyou thankyou thankyou!
Keep fighting everyone and good luck!
I don't necessarily mean silver bullets [guaranteed wins eg GPEOL], but more where the PPC has just lost.
Eg -
1. Didn't enclose a copy of the ticket
2. Didn't prove they had authority to go to court
3. Didn't send NTK in time [within 14 days?]
See post #2
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.
http://forums.pepipoo.com/index.php?showtopic=80158&hl=
Hi Guys,
I'm writing to give you an update.
I received a letter yesterday from POPLA. It was the result of my popla appeal.
It read as follows
The Operator issued parking charge notice number xxxxxxx arising out of the presence at xxxxxxxxx, on xxxxxxx, of a vechicle with registration mark xxxxx.
The appellant appealed against liability for the parking charge.
The assessor has considered the evidence of both parties and has determined that the appeal be allowed.
The assessor's reasons are as set out.
The operator should now cancel the parking charge notice forthwith.
The assessor asked the operator to give proof of the genuine loss of income that my parking ticket was raised against.
It is on the onus of the Operator to to prove that it was a genuine loss of income.
The operator failed to address the loss that was caused by the breach of the T&Cs of the parking.
The assessor has allowed this appeal on the basis the operator failed to prove the parking charge amount was a genuine pre-estimate of loss.
Accordingly this appeal must be allowed.
Assessor.