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POPLA Decisions
Comments
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Interesting points.
This is taken from a recent POPLA assessment;
Assessor supporting rational for decisionThe appellant has raised several grounds for appeal. However, my findings will focus on how the PCN was issued, as this ground has persuaded me to allow the appeal. It is the responsibility of the operator to provide POPLA with sufficient, clear evidence in order to rebut the appellant’s claims and prove that it issued the Parking Charge Notice (PCN) correctly.
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It is the responsibility of the operator to provide POPLA with sufficient, clear evidence in order to rebut the appellant’s claims.If that was true you wouldn't see "the appellant claims xyx, but without evidence I cannot be satisfied this is the case."
It's a mess and the only response Popla will give is that it's an "evidence based service".1 -
I understand what you are saying but that is the very point I was trying to make;
That in a situation where the operator either fails or cannot rebut an appeal point the Assessors immediately break from protocol and write "without clear evidence I cannot be satisfied…blah blah blah" - those instances which you highlight are breaches of protocol - those breaches of protocol are a deliberate attempt to favour the operator in a circumstance where following the protocol would often be fatal to the operators position.
What the Assessor should have written is;
The Appellant states that his vehicle in not registered as a commercial vehicle. The operator is therefore required to provide sufficient evidence to specifically rebut this appeal point. In this instance the operator has provided no evidence which shows that the Appellant's vehicle is legally registered as a commercial vehicle and therefore I must allow this appeal point.3 -
Yep. You'd have to get it from the horse's mouth because it's a farce.
Try putting your points to them and see what the correct protocol is, because I'm only going by mine because this is the system most assessors appear to abide by (phoney targets aside).1
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