POPLA Decisions

The_Deep

I can very well see why they are doing this, they are on a hiding to nothing if the appeal even hints at losses.

michaelalou

Hello everyone. It would appear there seems to be a pattern emerging with ppc's not bothering. I'd like to say a HUGE thank you to all the regulars who contribute to this forum, I was so upset the day I got my "pcn" and everyone has been so helpful, contributing their own time to helping people like me who didn't have a clue. THANK YOU!! :T :beer:

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

michaelalou

Oops, should have stated that it was Excel.

The_Deep

If they cancel all viable appeals, and only fight those they think they can win they will shortly be boasting of a 100% success rate.r

Stroma

If they are doing this as an industry, then they shouldn't have access to popla, no access means they shouldn't be able to have keeper liability either. And by extension no RK access as they are not using the service as it should be

nathorpe

Took their time, but I finally got my reply from POPLA, and the appeal was allowed! It seems NTC couldn't even be bothered to argue.
Massive thanks to everyone who helped put this forum together - so much useful information just waiting to be used.

Appellant
-v-
Norwich Traffic Control Limited (Operator)

The Operator issued parking charge notice number XXXXX arising out of a presence on private land, of a vehicle with registration mark XXXXXXX.
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

hollie.weimeraner

Thanks to all who assisted me in this appeal which has just been found in my sons favour on GPEOL

"
(Appellant)
-v-
UKCPS Limited (Operator)

On 30 October 2013, a parking charge notice was applied to a vehicle with
registration mark XXXXXXX for parking without displaying a valid permit or
authority.
The Operator’s case is that the terms and conditions for parking in the car
park are clearly displayed on numerous signage situated throughout the site.
The signage says: “Valid permits must be clearly displayed in the windscreen
at all times.” The Operator states that no valid permit was on display in the
windscreen of the vehicle on the day of charge. They have also enclosed a
copy of the parking charge notice, a genuine pre-estimate of cost statement,
and images of 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.
The Operator rejected the Appellant’s representations, as set out in the
correspondence they sent because, they state that a breach of the car park
conditions had occurred by parking with displaying a valid permit or
authority. They state that they incur various costs including wages,
maintenance and area manager costs among other costs and they provided
a list of costs with the appeal.
I find that the Operator has sought to justify the parking charge amount as
being a genuine pre-estimate of loss. I note that some heads submitted in this
present case may fall within a genuine pre-estimate of loss, nevertheless, I find
that some of them do not. In short, the damages sought on this particular
occasion do not substantially amount to a genuine pre-estimate of loss.
Accordingly, this appeal must be allowed.
Aurela Qerimi"

da_rule

Just had my appeal allowed (against Parking Eye) on the grounds that the PCN was issued incorrectly. Parking Eye submitted no evidence.


XXX (Appellant)

-v-

ParkingEye Ltd (Operator)

The Operator issued parking charge notice number XXXXX arising out of a presence on private land, of a vehicle with registration mark XX57XXX.

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

Stroma

Yet another win and no show

Pipboy wrote: »

Sorry for the necrobump but good news! My POPLA appeal came in today.

The Operator issued parking charge notice number XXXXXXXX arising out of a presence on private land, of a vehicle with registration mark

XXXXXXXX

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.

I'd like to thank you all so so much for all of your help. You're great people!

Stroma

Aaron

Are you collating the no ppc evidence lark on your OP of this thread?