POPLA Decisions

andy_petrol

Fruitcake said:

Another PoPLA assessor choosing to ignore inconvenient parts of the PoFA, and the BPA CoP that states when a PPC wants to invoke the PoFA, they must comply with it. They have assumed the alleged landowner contract has rolled over, yet there is no proof this is the case.
The assessor is making stuff up.

Obviously you ignore the result because it is not binding on the motorist.

Thanks Fruitcake for your useful comments. Fun fact on the side, the Dept Recovery Plus Letter arrived on the same day as the POPLA decision arrived. Appears that POPLA and the PPC are a well oiled machinery..... 

Coupon-mad

splinter64 said:

This is POPLA code 2413353469

I had a good outcome here. Had many reasons for my appeal and as I found the first time I went through POPLA it was one of the points which I didn't expect to work which actually won it. So it is definitely worth including everything!

This is after an NTK from Euro Car Parks, alleging an overstay of 13 minutes (I think....their evidence was cr*p). The NTK was the newer style which is (maybe) PoFA compliant although unfortunately the assessor did not comment on my other points criticising it.

Decision

Successful

Assessor Name

***** Stanton

Assessor summary of operator case

The operator has issued the PCN because the vehicle was parked on the site and the pay and display permit did not cover the date and time of parking.

Assessor summary of your case

The appellant has raised the following grounds of appeal: The signage is inadequate • The Notice to Keeper (NTK) does not meet PoFA requirements. • The NTK does not accurately describe the circumstances so there is no keeper liability. • The operator has not shown that the individual it is chasing is the driver. • No landowner authority • Grace period- Non compliance with the British Parking Association (BPA). • No evidence of the period parked. • Images of the vehicle contained within the NTK are not compliant with the BPA. • The ANPR system is not reliable or accurate. The appellant has provided a document detailing their appeal and they have commented on the operator’s case file.

Assessor supporting rational for decision

In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. I am allowing this appeal, with my reasoning outlined below: 

The Images of the vehicle contained within the NTK are not compliant with the BPA. The appellant has stated in the comments that although the operator has provided full date stamped photographs in the case file, the images on the NTK are not compliant. I acknowledge the appellant’s grounds of appeal and I have reviewed the evidence provided by the operator. The British Parking Association (BPA) Code of Practice Section 21.5a states:” When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered.

I have reviewed the copy of the NTK provided by the operator and I am not satisfied that the images of the vehicle number plate on the NTK are compliant with Section 21.5a of the BPA Code of Practice.

These images are not date stamped and after seeing the full images in the case file they appear to have been digitally altered or cropped to fit on the NTK. This is especially apparent on the colour image on the NTK.

The image recorded of the vehicle entering the site is also not very clear I note that the appellant has raised further grounds for appeal in this case, however as I have allowed the appeal for this reason, I have not considered them. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

So the Assessor says the images in the NTK are "cropped to fit on the NTK" and not date stamped.  Interesting.

https://forums.moneysavingexpert.com/discussion/6491975/popla-appeal-euro-car-parks-essex

Etccarmageddon

Yeah it's looking like due to their ongoing incompetence in the evidence they send to popla there are many opportunities to pick it apart when you go to appeal. In this one the evidence must have been so bad that the popla person couldn't ignore how blatantly flawed it was.

  Perhaps popla are looking over their shoulders now wondering if in the future someone will go through their decisions and review them!  So they are mindful that their decisions might be subject to future scrutiny.

Cornersoul

I just received this from POPLA from my Brittania Parking appeal. I'm assuming it's a win? Has no other info other than what I've copied and pasted, and my name. 

POPLA - Your appeal has been withdrawn - Appeal Verification Code **********

To: *****

Dear Mr *******,

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team

Fruitcake

Cornersoul said:

I just received this from POPLA from my Brittania Parking appeal. I'm assuming it's a win? Has no other info other than what I've copied and pasted, and my name. 

POPLA - Your appeal has been withdrawn - Appeal Verification Code **********

To: *****

Dear Mr *******,

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team

Yes, that's a win! Well done, and thanks for letting us know.

Umkomaas

The operator has contacted us and told us that they have withdrawn your appeal

Hopeless POPLA phrasing. Shows the calibre. Doesn't make sense; it's not rationale!!  😉

Le_Kirk

Umkomaas said:

The operator has contacted us and told us that they have withdrawn your appeal

Hopeless POPLA phrasing. Shows the calibre. Doesn't make sense; it's not rationale!!  😉

Ha, I chased them for months about this and finally received an acknowledgment that it was wrong and they would "introduce some rigorous training"  Course they haven't it's still the same but I have decided that since their demise is not far away, I have better things to do with my time!

andy_petrol

Has ever anyone done the "POPLA - How did we do?" questionnaire?
Just wondering if there is any point doing that.... 

Fruitcake

andy_petrol said:

Has ever anyone done the "POPLA - How did we do?" questionnaire?
Just wondering if there is any point doing that.... 

I never got that far, but given the chance, I would be as scathing as I possibly could unless it was a pointless biased multiple choice questionnaire. 

dadsma

Two POPLA appeal wins today against Apcoa penalty notices at Elstree and Borehamwood Station.
“The operator has contacted us and told us that they have withdrawn your appeal”.  I think that is meant to say they have withdrawn from our appeal. 

The first challenges we sent Apcoa were rejected without explanation so maybe they actually did consider the same points in our POPLA evidence and decided they were likely to lose.