Help needed with POPLA appeal!

Pinacolada_2

Thanks, this is what I thought, I just wanted to check with you experts... Finally do you think it is worth seeking someone in a higher position of power in my organisation i.e. a director, to put it in writing? Thanks

Coupon-mad

Pinacolada wrote: »

Do you think this email is evidence that I do not have to pay Ethical, if they were to continue to chase me after a POPLA decision (I'm assuming I will lose at POPLA). Thanks

You will win at POPLA IMHO, I just looked back at your POPLA appeal and it includes the usual winners such as no pre-estimate of loss.

But I would forward a letter from your organisation to POPLA stating that the principal has cancelled the charge as it was unjustified, as well as the fact that they have confirmed they as landholder, suffered no loss (which you remind POPLA was part of your appeal wording).

I take nothing in Ethical's bundle of rubbish actually managed to show the full contract with the landowner nor demonstrate any tangible loss? If not then let POPLA find in your favour.

Umkomaas

Pinacolada wrote: »

Thanks, this is what I thought, I just wanted to check with you experts... Finally do you think it is worth seeking someone in a higher position of power in my organisation i.e. a director, to put it in writing? Thanks

If you can get the contract signatory that would be an Ace trump card. But tbh the further up the food chain you go in your organisation, the more you take a risk on prevarication (or just plain delay) as I guess this won't be a priority for a senior manager.

And if the person who deals with parking tickets gets wind of the fact that there's some delay (which might be taken as some uncertainty at senior level), they're not going to then put their own heads above the parapet.

No, strike while the iron's hot. Involve a senior if things don't go to plan with the first cancellation letter.

HTH

Pinacolada_2

My appeal was refused!! It's on a pdf document so I don't think I can copy and paste. I will type it up and put it in here in a little while... I'm not going to pay it. As I understand, the POPLA decision is only binding on the company, not the driver.

Pinacolada_2

The Operator issued parking charge notice number xxxxx arising
out of the presence at xxxx on xx
May 2013, of a vehicle with registration mark xxxx.

The Appellant appealed against liability for the parking charge.

The Assessor considered the evidence of both parties and determined
that the appeal be refused.

The Assessor’s reasons are as set out.

In order to avoid any further action by the operator, payment of the
£80 parking charge should be made within 14 days.

Details of how to pay will appear on previous correspondence from the
operator.


Reasons for the Assessor’s Determination

The operator issued a parking charge notice to a vehicle with registration
mark BN52RCY. The operator recorded that the vehicle was parked without
displaying a valid ticket.

The operator’s case is that there is sufficient signage at the site informing
motorists that vehicles must display a valid parking permit and a completed
scratch card or parking ticket. The operator submits that the appellant’s
vehicle was not displaying this, therefore there occurred a breach of the
terms and conditions of using the site and the parking charge notice was
correctly issued.

The appellant’s basis for appeal is that the vehicle was not improperly parked.
In their original representations to the operator the appellant submits that the
strong winds must have blown off their daily scratch card into the foot well. This is NOT what my appeal was about - she missed out all of the other submissions I made and appears to have solely judged my initial appeal to Ethical which was made way before the POPLA appeal.

Considering carefully, all the evidence before me, the onus is on the driver to
clearly display their scratch card. I find that by parking at the site without
clearly displaying a valid permit and a ticket / completed scratch card, the
appellant breached the terms and conditions of using the site and the
parking charge notice was correctly issued.

Accordingly, this appeal must be refused.

Amber Ahmed
Assessor

kirkbyinfurnesslad_2

I bet you didnt include loss or no contract did u??

If not that's why u lost. Never mind you don't have to pay

hoohoo

I'm guessing this is because they are in a huge hurry these days to get the judgements done, thus mistakes get made. The BPA have started the timer ticking; if performance does not meet targets by the December review then as I understand it the BPA have negotiated the right to cancel the contract

4consumerrights

FROM OP POST NO 30:

In any case, I've finally managed to get my employer (the land owner) to cancel the ticket - they have contacted Ethical who say they cannot now cancel it as it is 'in POPLA's hands'. I've spoken to POPLA who say that if my employer writes to them to say the ticket has been cancelled, they will cancel the appeal. However I feel it is risky to cancel my appeal, as Ethical may ignore my employer's email as it has now gone too far? Although I now have emails from the person in charge of the parking tickets at my work, saying that she will cancel the ticket with Ethical. Do you think this email is evidence that I do not have to pay Ethical, if they were to continue to chase me after a POPLA decision (I'm assuming I will lose at POPLA). Thanks [/QUOTE]


Dear OP - Just read POPLA's decision on top thread. POPLA may have refused the decision but your employer whose car park it is has! End of story - one to add to to successful threads for landowner cancelling the charge!

As you are already filing a complaint to POPLA as they failed to consider the evidence - point out that the ticket was cancelled in any case by landowner so the appeal should have been nullified in any case. IMO Do not waste too much of your precious time over this any more.

Pinacolada_2

kirkbyinfurnesslad wrote: »

I bet you didnt include loss or no contract did u??

If not that's why u lost. Never mind you don't have to pay

I did, actually.

Coupon-mad

As I said on the POPLA decisions thread, I suspect they have missed your 'attachment'. How did you attach it, was it readable to you when you submitted it? Did you at least type in the appeals box 'see attached appeal'?

COMPLAIN to the Head of POPLA about this omission if you are sure you attached it clearly - and get onto your employer to force it to be quashed right now.