Car Parking Partnership

TheFlamingRed

If you uploaded a letter alongside what you put in the box, and that evidence DID have on it section 3, then you can still complain and say you believe they didn't look at your letter and instead only at what was put into their website Text Box. But there's a chance it maybe even absent from that upload too, so complain anyway but don't get your hopes up on this now being the end.

You're now on the 6 year waiting list for a LBCC if the PPC wishes to peruse it - so no need to panic or pay it. Tell any debt collectors that the debt is denied and come back here if it ever does get to court - you're still likely to win.

Maybe also tell them if you ever move. If I was a PPC, I would be inclined to wait 5.75 years and then issue a claim against any ignored ticket, in the hope that the keeper had moved and not left forwarding mail so they can get a default win.

nurse-money

Really pleased to say Popla have sent me this email today

Dear Mr xxx

First of all I would point out the procedure of the operator sending their evidence to POPLA and to the appellant, rather than POPLA collating the evidence of the parties and sending it out, exactly mirrors the procedure in the statutory tribunals.

However I note that you say that, having now seen the operator’s evidence which you did not get before the matter was decided, you believe that you lost the opportunity to comment upon it and that such comments and submissions may have been material to the determination.

I have therefore referred the matter to the Lead Adjudicator who has directed that in the interests of justice this matter ought properly to be redetermined. The parties will be contacted shortly with details of the new date.

If you have any further submissions they should be submitted within 7 days. These will be forwarded to the Operator.


Yours sincerely

Richard Reeve
POPLA Service Manager
enquiries@popla.org.uk

Further submissions? Do you think I should resubmit my original evidence?

Redx

yes you should , as an attachment if it allows it , making sure it gets into their system this time

email it to them AS WELL , using the email they gave you above

nurse-money

So my case was heard yesterday and I've still not heard anything from Popla. So, I decided to ring them, the lady on the phone tells me a decision has been made but she won't tell me the outcome over the phone and instead I will receive an email tomorrow. I'm looking forward to receiving it but feel I'm getting a little inpatient!

nurse-money

Winner winner, chicken dinner!

This matter is before me for a re-hearing. The first hearing for this case resulted in a decision that the appeal be refused. However, owing to the appellant having not received the operator’s evidence, it was decided that the interests of justice would be best served by a re-hearing. The operator’s evidence was provided to the appellant, and they provided a response to this evidence. The appeal is therefore considered anew in the light of the additional submissions received.
It is not in dispute that the appellant parked at the site and received a parking charge notice after the operator’s employee observed the vehicle and concluded that it was parked in an unauthorised area.
The appellant made a number of representations. However, it is only necessary to deal with the one upon which I am allowing the appeal, that the operator lacks the authority to issue and enforce parking charge notices in respect of the land.

The operator rejected these representations. On the question of authority, the operator made no express statement, but must be assumed to state that they had authority from the landowner for their activities.

Considering the evidence before me, I find that the operator has not provided any evidence that they have authority from the landowner to issue and enforce parking charge notices in respect of the site. The operator’s assertion to that effect is insufficient to show that any authority has been granted. Accordingly, I cannot find that the operator had sufficient rights in the land to enter into contracts in respect of it. Therefore the parking charge notice cannot be held to be validly issued. In the light of this, I am not required to consider the other issues raised by the appellant.

Accordingly, the appeal must be allowed.

Christopher Monk
Assessor

nurse-money

Thank you everyone for your assistance with this. Your help is much appreciated ����

Ralph-y

Well done ........

you need to bring this to the attention of as many other staff members as you can ........

"I cannot find that the operator had sufficient rights in the land to enter into contracts in respect of it. Therefore the parking charge notice cannot be held to be validly issued. In the light of this, I am not required to consider the other issues raised by the appellant."

along with GPEOL should now beat any pcn's now issued.

Perhaps take it to your union to pass round?

Ralph:cool:

Redx

ha ha , victory from the jaws of defeat, the sharks lose

good to see you beat Cant Provide Paperwork limited (intelligence)

nurse-money

You should see the size of the grin on my face!

:rotfl::rotfl::rotfl::rotfl::rotfl: