Times are changing? My POPLA appeal against JLA charge by VCS

ShiftyVCS

Sad times...

Just received my appeal response email from POPLA today to say they have rejected by appeal against VCS issuing one of their Parking Charge Notices outside Liverpool John Lennon Airport (JLA).

I used a few of the appeal reasons posted on this site when drafting up my initial appeal, and thought these would suffice. Unfortunately I guess either VCS have upped their game in response to the number of appeals, or the POPLA appeal assessor was having a bad day.

Looks like £100 down the drain! As far as I can tell, once your appeal has been rejected you don't get another chance to lodge another appeal.

<insert angry swearwords here>

AltheHibby

No! You still have POPLA to stuff them at. Don't pay a penny and read the Newbies advice before you do anything.

The_Deep

Most airport PCNs are unenforceable in law due to the "relevant land" issue, and stopping to allow someone to alight/board is not parking. Stare them out, your dire deeds cannot have cost the £100.

Pay them not one groat Sir.

ezerscrooge

You can appeal the decision to the Lead Adjudicator at POPLA but alot will depend on what went into your POPLA appeal - please post it here for the regulars to looks at.

Dee140157

Can you post the decision for the rejection here along with the original appeal.
Also give us the assessor's name.


You never came for help, so we don't know whether it would have won or not. Although you may have looked here, no draft was ever shown for us to assist with, so it would not be fair to say this was a forum assisted appeal that lost.

If we disagree with the assessor if they have missed something other assessors have allowed appeals on, it is possible to get it re assessed by the lead assessor I think.

Others may know more about this though.

gertysingh

What was the defence from VCS?

fisherjim

ShiftyVCS wrote: »

Sad times...

Just received my appeal response email from POPLA today to say they have rejected by appeal against VCS issuing one of their Parking Charge Notices outside Liverpool John Lennon Airport (JLA).

I used a few of the appeal reasons posted on this site when drafting up my initial appeal, and thought these would suffice. Unfortunately I guess either VCS have upped their game in response to the number of appeals, or the POPLA appeal assessor was having a bad day.

Looks like £100 down the drain! As far as I can tell, once your appeal has been rejected you don't get another chance to lodge another appeal.

<insert angry swearwords here>

Hmmm! looks like a dodgy troll post to me, never been on here before and posts all this doom and gloom with no real info to substantiate it!

Dee140157

I suspected this as well which is why I have asked for evidence of what was appealed and why it lost.

I tried to give the benefit of the doubt I. case this was genuine by offering hope for a re adjudication, but we await the response.

But as yet no reply from this first time poster!

waamo

Can you show us your appeal and that rejection please. jLA is subject to byelaws so VCS really won't want to try court. According to the byelaws the fine is £5!

POPLA so far have declined to rule on the byelaws issue.

ShiftyVCS

Sorry folks, I work very long hours. Much better things to do with my life than troll forums!

The "Reasons for the Assessor's Determination" has a couple of paragraphs of blah blah, then the important bit:

"Whilst I appreciate the Appellant's submissions, these do not negate the fact that a breach of the terms and conditions of parking occurred. Having reviewed the evidence, I am satisfied that there were a number of signs at the site and these would have been visible to the Appellant. The signs at the site made it clear that stopping was prohibited. The Appellant does not dispute that they had stopped. I find that the Appellant breached the terms and conditions of parking by stopping on a roadway where stopping is prohibited. The onus is on the Appellant to ensure compliance with the terms and conditions of parking and on this occasion they did not do so.

Accordingly, this appeal must be refused."


True, I did not dispute the fact that I had stopped. Difficult to do so when the evidence provided included photos and video of my car stopped with only the sidelights off with a car infront and behind me, as well as a million and one photos of various signs they have posted around the place. In total, there were 7 folders of various photos, text, maps, etc, sent by VCS to POPLA to 'back up' their case. Most of it seemed nonsense, and really couldn't believe they had a leg to stand on.

Can't seem to find the exact details of the text I submitted to POPLA, they haven't sent it back to me in the confirmation of the appeal, but basically I used a couple of the important ones I had seen here. Will see if I can find it anywhere.

I definitely remember making the point that the PCN was issued, despite there not being any parking charge infraction, ie: I hadn't parked in a carpark and not paid a charge as a PCN suggests.

Dee140157

Apologies for suspecting you may have been a troll, but we do regularly get people,who post in ways like this.

Sadly it seems that your POPLA appeal may not have been worded clearly and may have focussed on. Mitigating circumstances etc. Without the original we can't comment.

POPLA is not binding on you. You can chose to ignore and ignore any subsequent debt collectors letters and the fight properly armed if VCS take you to court.

VCS do go to court, but only about 40 cases in last year and a half, so not big litigators.