POPLA Decisions

Stroma

Another win , and another no show

Hitchedguide wrote: »

(Appellant) -v- New Generation Parking Management Ltd (Operator) The Operator issued parking charge notice number ........ arising out of a presence on private land, of a vehicle with registration mark ..........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.
Reasons for the Assessor’s Determination
It is the Appellant’s case that the parking charge notice was issued incorrectly.
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.
Accordingly I have no option but to allow the appeal.
Shehla Pirwany
Assessor:T:T:T:T

Thanks all on this post for your valuable assistance.

tospig

Another win for me against UKPC (using GPEOL), they tried to submit some costs but POPLA are old-hands at this game now:

It is the Operator’s case that the Appellant’s vehicle was not parked correctly
within the markings of a bay or space 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, however, I will only
elaborate on the one submission that I am allowing this appeal on, namely
that the parking charge amount is not a genuine pre-estimate of loss.

As the Appellant has raised the issue of the charge not being a genuine preestimate
of loss, the onus is on the Operator to prove that it is. The Operator
has produced a list of things that they have to pay for in relation to the
management of the car park, however, they have not produced a
breakdown of the costs due to confidentiality and therefore they have not
addressed the loss that was caused by the Appellant’s breach of the terms
and conditions of parking.

I have looked at all of the evidence and have decided to allow this appeal
on the basis that the Operator has failed to prove that the parking charge
amount was a genuine pre-estimate of loss.
Accordingly, this appeal must be allowed.

Gliderpilot

Hi all,


Appeal against PE allowed!!!!!!!!! Another one that they didn't both to respond by the sounds of it.


Thank you to all on this site for their advice.

---

Reasons for the Assessor’s Determination




It is the Appellant’s case that the parking charge notice was issued incorrectly.


The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.


Accordingly I have no option but to allow the appeal.

highfields01

Having rejected my appeal and issued a POPLA code , VCS didn't even bother to produce any evidence

Many thanks to all who contributed info in this forum for helping me with this.

My grounds for appeal were punitive charge,unclear photo of number plate during the 14 second timing of the alleged stop, operator needed to prove they have the authority to issue parking charge/relevant land stuff

Appeal result

The Operatorissued parking charge notice number xxxxxxx arising

out of apresence on private land, of a vehicle with registration mark

xxxxxx.



The Appellantappealed against liability for the parking charge.

The Assessor hasconsidered the evidence of both parties and has

determined thatthe appeal be allowed.

The Assessor’sreasons are as set out.

T

he Operatorshould now cancel the parking charge notice forthwith.

26 February 2014

Reasons

Reasons for theAssessor’s Determination

It is the Appellant’s case that theparking charge notice was issued

incorrectly.

The Operator has not produced a copyof the parking charge notice, nor any

evidence to show a breach of theconditions of parking occurred, nor any

evidence that shows what theconditions of parking, in fact, were.



Accordingly Ihave no option but to allow the appeal.

Parking-Prankster

Euro Car Parks join the flake-out club. they seemed so confident in their rejection letter, but had a change of heart it seems...


The Operator has informed us that they have cancelled parking charge notice number xxxxx, issued in respect of a vehicle with the registration mark xxxxxx .

Your appeal has therefore been allowed by order of the Lead Adjudicator.

You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.

Yours sincerely,

trubster

Parking-Prankster wrote: »

Euro Car Parks join the flake-out club. they seemed so confident in their rejection letter, but had a change of heart it seems...


The Operator has informed us that they have cancelled parking charge notice number xxxxx, issued in respect of a vehicle with the registration mark xxxxxx .

Your appeal has therefore been allowed by order of the Lead Adjudicator.

You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.

Yours sincerely,

Very interesting PP, Euro seem to think they will win the case against me, and made a very long winded response to my allegedly "Vexatious" appeal

Stroma

Prankster are you keeping note of the no shows by the companies? think its important

Laughingbear

Stroma. Keep the faith. Don't be put off by their b/s tactics.

Computersaysno

Can we somehow leverage their no shows at POPLA into an argument wrt court cases??

Bob_Morton

EuroCarParks also failed to make an appearance for my appeal. Wording below:

Reference
always quote in any communication with POPLA
Dear Sir or Madam
-v-
Euro Car Parks Limited (Operator)
The Operator has informed us that they have cancelled parking charge notice number xxxxxxxxxxx, issued in respect of a vehicle with the registration mark xxxxxxx .
Your appeal has therefore been allowed by order of the Lead Adjudicator.
You are not liable for the parking charge and, where appropriate, any amounts already paid in respect of this parking charge notice will be refunded by the Operator.
Yours sincerely,