Rejected POPLA REFUSED

zoeisababe

Absolutly gutted. My appeal to POPLA was refused. I have since emailed the company back - All Parking Services Ltd and told them £100 plus charges for the payment online is not fair and is no way covering the loss of earnings.

The Operator issued parking charge notice number APS0076** arising out of the presence at [FONT=&quot]S[/FONT][FONT=&quot]t Anne’s Pier[/FONT], on 7 August 2014, of a vehicle with registration mark V***A.




The Appellant appealed against liability for the parking charge.




The Assessor considered the evidence of both parties and determined that the appeal be [FONT=&quot]r[/FONT][FONT=&quot]efused[/FONT].




The [FONT=&quot]Assessor’s reasons are as set out[/FONT].




In order to avoid any further action by the operator, payment of the

£100 parking charge should be made within 14 days.




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

[FONT=&quot]Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils[/FONT][FONT=&quot][/FONT]

[FONT=&quot]C[/FONT][FONT=&quot]a[/FONT][FONT=&quot]ll[/FONT][FONT=&quot]s to Parking on Private Land Appeals may be recorded[/FONT][FONT=&quot][/FONT]

[FONT=&quot]
[/FONT]
[IMG]file:///C:\Users\U0037130\AppData\Local\Temp\msohtmlclip1\01\clip_image002.jpg[/IMG][FONT=&quot][/FONT]




[FONT=&quot]Reasons for the Assessor’s Determination[/FONT][FONT=&quot][/FONT]

On 7 August 2014, a parking charge notice was applied to a vehicle with registration mark V***A for not parking in accordance to the rules of parking.

[FONT=&quot]The Operator’s case i[/FONT]s that the terms and conditions of use of this site state that the site is pay and display and vehicles are required to display a valid pay and display voucher in the windscreen at all times. They say that there was no valid parking voucher on display at the time the parking charge notice was issued as the voucher on display had expired at 15:10 and was invalid.

[FONT=&quot]The Appellant’s case is that the amount of the parking charge is ridiculous for [/FONT]exceeding the time paid for by 10 minutes. She says that she and her family were on a trip and had a nice time as a family.

[FONT=&quot]The Operator rejected the Appellant’s representations, as set out in the [/FONT]correspondence they sent because, they state that a breach of the car park conditions had occurred by not parking in accordance to the rules of parking. They advise that their attendant allowed a 10 minute grace period before issuing a parking charge notice.

[FONT=&quot]I note the Appellant’s comments and I empathise with her situation, however, [/FONT]I find that the onus is on the Appellant to ensure compliance with the terms and conditions of use of this site. I find that the Operator has taken
reasonable steps to support the enforcement of the parking charge notice.

Considering carefully all the evidence before me, I must find as a fact that, on this particular occasion, by not parking in accordance to the rules of parking, there occurred a breach of the car park conditions to which the Appellant have deemed to have accepted when the Appellant parked the vehicle at this site.

Accordingly, I refuse this appeal.

[FONT=&quot]Aurela Qerimi[/FONT][FONT=&quot][/FONT]
[FONT=&quot]A[/FONT][FONT=&quot]ssessor[/FONT]

Cornucopia

You need to spell it out:

Not a genuine pre-estimate of loss.

EnigmaPart1

Oh dear another wasted popla appeal

esmerobbo

Unfortunately you have to show why the charge is disproportionate rather then just saying you think it is, even though it is!

zoeisababe

I have, the reply i got was "the assessors decision is final" :'(

zoeisababe

[FONT=&quot]From:[/FONT][FONT=&quot]
Sent: 23 October 2014 14:23
To: enquiries
Subject: RE: POPLA Appeal - 0162234002[/FONT]

[FONT=&quot]Could you please explain how this is an estimation of loss?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have read about other appeals to you and the below was taken from another person’s letter:[/FONT]
[FONT=&quot] [/FONT]
“In this case the Operator has not provided any evidence as to why this charge in a genuine pre-estimate of loss. I am not minded to accept that it is sufficient to simply list the names of previous cases without applying them to this case.
Consequently I must find that the Operator has failed to produce sufficient evidence to demonstrate that the parking charge is a genuine pre-estimate of loss.

Accordingly, I allow the appeal.

Aurela Qerimi

Assessor “

So the same applies to my case, which isn’t what you are saying.




Zoe

zoeisababe

[FONT=&quot]From:[/FONT][FONT=&quot] enquiries EMAIL="enquiries@popla.org.uk"]mailto:enquiries@popla.org.uk[/EMAIL
Sent: 24 October 2014 13:57
To: , Zoe (Legal)
Subject: RE: POPLA Appeal - 0162234002[/FONT]

[FONT=&quot]Thank you for your communication about the Assessor’s decision in the above matter.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have to tell you that the Assessor’s decision is final.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In order to avoid any further action by the operator, payment of any amounts owed should now be made without delay. Details of how to pay will appear on previous correspondence from the operator. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind Regards[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]POPLA Administration Team[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]

zoeisababe

I think emailed All Parking Services:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

I don’t believe you followed this on the Gov website. (see underlined red)

1. What are the main laws relating to parking on private land in England and Wales, and the charges that can apply?
A driver who is invited to park on private land and pay a fee does so under a contract with the landholder. Any terms and conditions which either party wishes to enforce against the other are therefore be subject to the laws of contract. Where a car parks on land where parking is not invited, the laws relating to trespass may apply.
A parking contract must set out the terms that apply, including the fees payable. It must also clearly set out the charges that apply if the terms of the contract are broken – for example, by parking for longer than the time paid for.
Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.
If the terms and conditions of parking contracts seek to impose charges for different types of breaches (eg for straddling two bays compared to overstaying in one bay), or for the same breaches in different car parks, consideration should be given to whether the level of loss is likely to vary accordingly.
Schedule 4 also provides for parking charges in England and Wales to be recoverable from the registered keeper where a person trespasses on private land by parking a vehicle on the land without permission. In those circumstances a landholder must be able to show he or she has suffered a loss and justify the damages they are seeking to recover for the trespass.

trisontana

Ignore the above. POPLA are more or less implying that you have to pay. You don't have to, as POPLA decisions are not binding on the motorist.

EnigmaPart1

You did a rubbish appeal , you have to move on now, doesnt mean you to have pay them.

Cornucopia

Presumably, if she doesn't pay, the PPC will either walk away or go to court?