Advice on New Rules/APCOA still using 2002?

Pammieh

hi
I've received a copy of Apcoa's submission to POPLA.
In their 'other evidence' there are pictures of leafy views surrounding the ticket machines. Not quite how the underground car park looks! I actually recognise the village station where these shots were taken (presumably stock footage?) and it is about 6 miles from the scene of the 'offence'. Should I contact POPLA and point this out or just leave it be?
thanks again
Pammieh

AoD

I would always encourage anyone to let POPLA know where the evidence pack from the PPC is wrong.

4consumerrights

Regarding the photographic evidence - if you challenge it you need to query it from the registered keeper's point of view - i.e. it appears to be different from the scene described on the parking charge.

Are there any other conradictions in their evidence pack to challenge - eg how they justify their charge?

Coupon-mad

Pammieh wrote: »

hi
I've received a copy of Apcoa's submission to POPLA.
In their 'other evidence' there are pictures of leafy views surrounding the ticket machines. Not quite how the underground car park looks! I actually recognise the village station where these shots were taken (presumably stock footage?) and it is about 6 miles from the scene of the 'offence'. Should I contact POPLA and point this out or just leave it be?
thanks again
Pammieh

I would definitely drop APCOA in it with a quick email to POPLA, quoting your code of course and adding it as evidence - and asking POPLA to take note of what you say about those pics (in other words they have failed to send photos which relate to this site - spell it out). And also ask POPLA to send your findings to the BPA as a complaint about misleading evidence which are not even pics of the site in question.

Pammieh

hi
Thanks all. I'll send a short - without giving away driver name! - email today.

4Consumerrights - Their evidence does not mention justification of charge (or even a reason why they took so long to write to me in the first place). Just that the car was parked on double yellow lines, that contravines the regs, the appeal was unsucessful so we're going to POPLA.

Welsh_Exile

Pammieh, when you win your POPLA appeal (and it looks almost certain that you will) then the Parking Prankster might be interested in this one for his blog. He does like to feature the stupidity and incompetence of parking companies

Pammieh

hi there
Well...today I got POPLA's decision and - thanks to everyone - my appeal has been allowed. Apart from relief, I feel slightly miffed! If this is meant to be a 'legal process' (it is in the style of court proceedings) it should cover all the points I raised?

Thought I'd post their decision anyway:

Reasons for the Assessor’s Determination
On x August 2013 at xxx the appellant (no...the driver) was
issued with a parking charge notice for breaching the terms and conditions of the parking site.
It is the operator’s case that the appellant’s vehicle was parked in a restricted area. There is photographic evidence (of a different station! and POPLA don't mention whether they have forwarded on my complaint to BPA) to support that there was adequate signage at the site to inform motorists of the parking terms and conditions.
There is also evidence which shows the appellant’s vehicle parked 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.
The burden is on the operator to prove that the parking charge is a genuine pre-estimate of loss. However the operator has failed to establish a genuine pre-estimate of loss. Therefore I am not satisfied that the operator has discharged the burden.
Accordingly, this appeal must be allowed.

So... I only felt confident that I could challenge this because originally they had missed the deadlines they were required to observe - no mention of that from POPLA - but in fact this reason means that the majority of these 'charges' must be cancelled on appeal (following a precedence).
To anyone in my situation ... listen to all the sound advice on here and don't worry!
To all who have helped me - thank you so much - I am thrilled with the outcome.
Pammieh

Coupon-mad

Well done!

4consumerrights

Yes well done - who was the Asssessor here.

Have you had a response from the BPA?
You should also consider if you like making a formal complaint to the DVLA regarding their failure to substantiate reasonable cause here - sending in wrong photographic evidence - a clear breach of KADOE contract.

Pammieh

hi

Farah Ahmad
Assessor

Have you had a response from the BPA? - Not yet, do you think POPLA will have forwarded it on as I requested or should I pursue it?

You should also consider if you like making a formal complaint to the DVLA regarding their failure to substantiate reasonable cause here - sending in wrong photographic evidence - a clear breach of KADOE contract. - Would they have sent the same 'evidence' they submitted to POPLA to DVLA to get my details in the first place?

Will it help you guys in your cause, if I complain?