Successful POPLA Appeal - THANK YOU!!!

ShivyDevon_2

Dear all

I wrote the below thread back in Jan/feb regarding a parking ticket I received from Premier Parking Solutions.

https://forums.moneysavingexpert.com/discussion/4483639

I have today received my POPLA appeal result and the appeal is ALLOWED and they now must cancel the PCN! Whoop! :j:beer::T

Reasons were as follows:
"The Operator has not produced any evidence to demonstrate that it is the land-owner; or, any contract or other evidence that it has the authority of the land-owner to issue parking charge notices at this site. Once the issue is raised by an Appellant, it is for the Operator to demonstrate that it has authority,
and a mere statement to the effect that it has a contract will not be sufficient.

Consequently, I must find that the Operator has failed to produce sufficient evidence to refute the Appellant’s submission that it did not have authority to issue a parking charge notice.

Accordingly, I must allow the appeal"

I just wanted to thank everyone who contributed to my original thread! I would never have got through this without all of your help and expertise and you have saved me £100 (theoretically!). Please near with the newbies and continue to offer them your amzing advice!!

ShivyDevon_2

A particular thank you to Coupon-mad! You was very patient with me and provided me with a lot of pointers! You're an absolute star for this forum!! thank you!

Stroma

Could you do us a favour and put the entire decision up, minus personal information

And well done on this, and you're welcome

Umkomaas

Applause, applause :T.

Would be very helpful to see the full transcript and especially who the adjudicator was.

Coupon-mad

ShivyDevon wrote: »

A particular thank you to Coupon-mad! You was very patient with me and provided me with a lot of pointers! You're an absolute star for this forum!! thank you!

Sorry I was such a mare at first, I do get bored sometimes with the repetition - but as long as it helps people to win POPLA appeals time and again we regulars are all happy to keep repeating our advice.

And well done! We would love to see the whole decision please! :T

We would like to add your success to the 'POPLA decisions' thread at the top, unless you would like to post it there yourself of course.

ShivyDevon_2

Ok I will copy and paste the whole transcript when I get home after work (on my mobile at the mo). More than happy for it to be put into the POPLA decisions thread also.

Many thanks again!!

ShivyDevon_2

The Full result below:

(Appellant)
-v-
Premier Parking Solutions Ltd t/a Valley Enforcement (Operator)

The Operator issued parking charge notice number -xxxxxxx- arising out of the presence at xxxxxxx xxxx Pay and Display, on 31 January 2013, of a vehicle with registration mark xxxx xxx.

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 Operator’s case that a parking charge notice was correctly issued, giving the reason as: ‘No valid ticket or permit displayed’. The Operator submits that a parking charge is now due in accordance with the clearly displayed terms of parking.

The Appellant does not dispute that the terms of parking were clearly displayed, or that her ticket was not displayed at the time of issue of the parking charge notice.

It is the Appellant’s case that:
a) The ticket was not of proper quality, as it was not adhesive, and so did not remain in position.
b) The terms of parking did not state that a ticket must be displayed at all times - only that it must be displayed. The Appellant submits that the ticket was displayed when she left her vehicle.
c) The Operator does not have sufficient proprietary interest, or rights of possession in order to issue a parking charge notice in relation to this land.
d) The parking charge is disproportionate as it does not reflect the loss suffered by the Operator.

The Appellant has submitted that the Operator has no authority to issue parking charge notices in relation to this land.

Membership of the Approved Operator Scheme does require the parking company to have clear authorisation from the landowner, if itself is not the landowner, as to their role in relation to the parking control and enforcement. This is set out in the BPA Code of Practice. However, as with any issue, if the point is specially raised by an Appellant in an appeal, then the Operator should address it by producing such evidence as they believe refutes a submission that they have no authority.

The Operator has not produced any evidence to demonstrate that it is the land-owner; or, any contract or other evidence that it has the authority of the land-owner to issue parking charge notices at this site. Once the issue is raised by an Appellant, it is for the Operator to demonstrate that it has authority, and a mere statement to the effect that it has a contract will not be sufficient.

Consequently, I must find that the Operator has failed to produce sufficient evidence to refute the Appellant’s submission that it did not have authority to issue a parking charge notice.
Accordingly, I must allow the appeal.
I need not decide any other issues.
Chris Adamson
Assessor

peter_the_piper

Pity they did not comment on a and b, anyway a win is a win, well done.