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POPLA Decisions

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  • slud
    slud Posts: 1 Newbie
    Thanks to the advice on the forum, I won my case against UKPC:

    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.
  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    PSDSU....again!!!
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    POPLA have just told me that I won my appeal against Met Parking (at Gatwick McDonalds) ..... On Feb 14th!

    I guess they've been busy.



    "It is the appellant's case that the parking charge was issued incorrectly.


    The operator has not produced a copy of the parking charge notice, nor any evidence that shows what the conditions of parking, in fact, were.


    Accordingly I have no option but to allow the appeal."


    Chris Adamson
    Assessor
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Anyone else feel that the frequency of posts on here seems to be dropping off.....
  • prosnap
    prosnap Posts: 399 Forumite
    Part of the Furniture Combo Breaker
    In my case I've had to continually chase POPLA for the decision.


    They only told me today about my winning verdict from 5 weeks ago
    The word "gullible" isn't in the dictionary
    Tickets: 19 [cancelled: 18, paid: 0, pending: 1]
    PPC Appeals: 8 [accepted: 2, rejected: 5, pending: 1]
    POPLA: 4 [accepted: 4, rejected: 0, pending: 0]
  • AoD
    AoD Posts: 170 Forumite
    One of my neighbours appealed to POPLA purely on lack of grace period. I sent them a "full" appeal to add to what they had already submitted, but I don't think they were able to send this to POPLA in time. Despite this, they have just posted on our local forum that they won, purely on lack of grace period given.

    The first and last photo taken by PCM had a time difference of just two minutes. PCM apparently maintained that they had allowed 5 minutes but had nothing to back this up, so appeal allowed!

    I haven't been able to obtain a copy of the actual ruling.
  • Coupon-mad
    Coupon-mad Posts: 151,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Successful appeal by SMarg v Parking Ticketing Ltd:

    https://forums.moneysavingexpert.com/discussion/comment/65082726#Comment_65082726

    Won on the fact the operator supplied no copy of a landowner contract.


    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 151,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Qwerty9821 beat Parking Eye as always on this forum, who threw in the towel again and supplied nothing to POPLA:

    https://forums.moneysavingexpert.com/discussion/4827208


    :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks to all on this forum today i won my POPLA appeal.

    I received Kernow parking's evedence pack in the post last week and was a little worried as they said they only employ people if they have to chase up non payers ( letters to dvla ect, cost of hiring staff )
    Then this morning received an email from POPLA allowing my appeal.
    *******************************************
    The appellant has made various representations; I have not dealt with them all as I am allowing this appeal on the following ground.
    It is the appellant’s case that the amount of the parking charge does not represent a genuine pre-estimate of loss.
    The operator’s case is that they consider the amount on the parking charge notice to be a reasonable charge for liquidated damages. The operator submits that they have calculated the amount to be a genuine pre- estimate of loss. The operator has further provided a list of losses they have incurred as a result of the appellant’s breach.
    Considering carefully, all the evidence before me, I find that the operator has sought to justify the charge by providing a list of the losses they have incurred, however while the individual items listed may amount to a genuine pre estimate of loss, the operator has failed to provide an estimate of the amount lost under each of the specific items referred to in the breakdown. On a balance of probabilities, I am therefore not satisfied that the operator has sufficiently shown that the charge is a genuine pre estimate of the loss incurred as a result of the breach. As a result, I need not decide any other issues raised by the appellant.
    Accordingly, this appeal must be allowed.
    ************************************

    Many thanks to all involved with my appeal letter, Glad this bunch of robbing b****rds never got another penny let alone One hundred quid out of me.
  • HO87
    HO87 Posts: 4,296 Forumite
    edited 27 March 2014 at 12:39AM
    cts_casemod (on this thread) appealed the issue of a PCN by Ticketing Service Solutions Ltd and the appeal was upheld at POPLA because, it seems, TSS Ltd bottled it.

    "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."
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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