Disabled parking

Fruitcake

widaja wrote: »

I can happily advise that my appeal to POPLA against the NCP parking charge has been upheld! Only one submission was allowed, that being quote: 'That the parking charge amount is not a genuine pre-estimate of loss. As the Appellant has raised the issue of the charge not being a genuine pre-estimate of loss, the onus is on the Operator to prove that it is. The Operator has not addressed the loss that was caused by the Appellant's breach of the terms and conditions of parking. I have looked at all of the evidence and have allowed this appeal on the basis that the Operator has failed to prove that the parking charge amount is a genuine pre-estimate of loss.' Needless to say, I shall be more attentive in future and give them no excuse. Thank you for the sound advice which enabled us to put the appeal together. :-)

Well done. Please post your win on the POPLA decisions thread with as much info as possible including the name of the adjudicator.


https://forums.moneysavingexpert.com/discussion/4488337

Aaron_Aadvark

widaja wrote: »

I can happily advise that my appeal to POPLA against the NCP parking charge has been upheld! Only one submission was allowed, that being quote: 'That the parking charge amount is not a genuine pre-estimate of loss. As the Appellant has raised the issue of the charge not being a genuine pre-estimate of loss, the onus is on the Operator to prove that it is. The Operator has not addressed the loss that was caused by the Appellant's breach of the terms and conditions of parking. I have looked at all of the evidence and have allowed this appeal on the basis that the Operator has failed to prove that the parking charge amount is a genuine pre-estimate of loss.' Needless to say, I shall be more attentive in future and give them no excuse. Thank you for the sound advice which enabled us to put the appeal together. :-)

A good result, but again POPLA dodges the Equality Act issue.

Umkomaas

Aaron_Aadvark wrote: »

A good result, but again POPLA dodges the Equality Act issue.

Which is why I believe an incremental appeal should be used for POPLA in order to test the issues they are dodging. It's not as risky as a single-point appeal.

So in this case appeal point 1 would be the EA issue, with the appeal paragraph ending in words to the effect 'Please only consider the next appeal point if POPLA is refusing to uphold my appeal on this one'.

Clearly GPEOL would be the final appeal point.

I believe this will start the process of flushing them out.

widaja

Thank you. I will post on the decisions thread as advised. For my part, I shall pay more heed in future and hope never again to have contact with either NCP or POPLA. Good luck to what seems to be an increasing number of people in a similar situation with these money-grabbing jobsworths.

Coupon-mad

Umkomaas wrote: »

Which is why I believe an incremental appeal should be used for POPLA in order to test the issues they are dodging. It's not as risky as a single-point appeal.

So in this case appeal point 1 would be the EA issue, with the appeal paragraph ending in words to the effect 'Please only consider the next appeal point if POPLA is refusing to uphold my appeal on this one'.

Clearly GPEOL would be the final appeal point.

I believe this will start the process of flushing them out.

I have tried that, they ignored it and found on GPEOL.

I have also tried a POPLA appeal solely on Equality Act and it was refused. The appellant complained to the Lead Adjudicator and the Scrutiny Committee and I am not sure (but can guess) what the outcome was.

I think we should be telling people to make a complaint to the EHRC every time by email because then they might look into it properly.

Fergie76

Aaron_Aadvark wrote: »

A good result, but again POPLA dodges the Equality Act issue.

I am currently waiting on a NTK from APCOA for parking at a hospital involving a blue badge. If/when (I was expecting it to be here by now) it comes through, I would be more than happy to do one point appeal on the Equality Act to force POPLAs hand on ruling on it.

Edit - hadn't read C-M's post above.