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APCOA Parking Charge - Luton Airport
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Good news! The POPLA assessor upheld my appeal. My feeling is that it was the GPEOL or not relevant land under POFA, however it was because there was no land owner contract.
Thanks everyone for helping sort this out.
Here's the detail from the assessor's report:
Reasons for the Assessor’s Determination
The operator issued parking charge notice number [x];arising out of
the presence at Luton Airport, on 14 October 2013, of a vehicle with
registration mark [x]. The operator recorded that the vehicle was
dropping off/ picking up outside of a designated parking area.
The appellant has made various submissions; I have not dealt with them all as
I am allowing this appeal on the following ground.
The appellant’s case is that the operator has not provided a contract
between themselves and the landowner which gives them the authority to
impose parking charges on the land.
After reviewing the evidence, I find that the operator has not provided a
copy of a contract between themselves and the land owner neither has the
operator provided a signed witness statement by the landowner which gives
the operator the authority to issue parking charge notices.
Therefore, having carefully considered all the evidence before me, I must find
as a fact that, on this particular occasion, the operator has not shown that
they have authority from the landowner to issue parking charge notices. As
the appellant submits that the operator does not have authority, the burden
of proof shifts to the operator to prove otherwise. The operator has not
discharged this burden.
Accordingly, this appeal must be allowed.0 -
excellent, please post it in the POPLA DECISIONS sticky thread and add the assessors name too , thanks, and well done0
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