POPLA Appeal Highview Parking

Weekends_r_2_short

I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won I won

ManxRed

Well done!!

Weekends_r_2_short

This is the reply from POPLA after submitting the response to Highview's evidence. A huge thank you to Parking Prankster for composing

PARKING ON PRIVATE LAND APPEALS
PO Box 70748 London EC1P 1SN
0845 207 7700
enquiries@popla.org.uk
https://www.popla.org.uk

16 January 2015
Reference #########
always quote in any communication with POPLA
MY NAME (Appellant) - v - Highview Parking Limited (Operator)

The Operator issued parking charge notice number ############
arising out of the presence at Stadium retail Park, Wembley, on ##
November 2014, of a vehicle with registration mark ####.
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith. ########### 16 January 2015

Reasons for the Assessor’s Determination

On 10 November 2014, a parking charge notice was issued to a vehicle with registration mark #### for exceeding the maximum duration of stay permitted.
The Operator’s case is that the terms and conditions of use of site state that there is a permitted free parking period of 90 minutes as stated on the signage and the Appellant’s vehicle was captured remaining at the site for a period of 31 minutes longer than the stay authorised. They have produced supportive evidence to support their submissions.

The Appellant has made a number of submissions, however, I will only
elaborate on the one submission that I am allowing this appeal on, namely that the Operator does not have a proprietary interest to issue and enforce parking charge notices in behalf of the landowner.

The Operator rejected the Appellant’s representations, as set out in the notice of rejection they sent because they state that a breach of the car park conditions had occurred by exceeding the maximum duration of stay permitted. They state that they can confirm that they have authority on behalf of the landowner.

The burden of proof is on the Operator to prove their case on balance of
probabilities. Once the Appellant submits that the Operator does not have a proprietary interest to issue and enforce parking charge notices, the onus is on the Operator to prove otherwise.

In the present case, having considered all the evidence before me, I find that the Operator has failed to provide a contract or witness statement to evidence that they have authority the landowner to issue and enforce parking charge notices. The Operator has not discharged the burden of proof and they failed to prove their case.
Accordingly, I allow this appeal.
A___ Q____
Assessor

Weekends_r_2_short

I have question please.
A friend got a charge from Parking Eye (car overstayed in Morrisons).
Is the appeal procedure the same as what's on the Newbies thread?

I can't find the Newbies thread. Does anyone know the link please?

bod1467

NEWBIES thread - see my sig.

Process is the same for PE.

Weekends_r_2_short

Thank you bod

maspas

hi, I have read the threads on appealing the PCN from Highview at POPLA stage and would need your advice please. I have recently submitted the POPLA appeal (as a registered keeper) -overstaying in a free retail park -and having read all the posts here I can probably expect the Highview will object to all my appeal points . when submitting the appeal online i didn't tick all three boxes (except for stolen car), I only ticked one box (charge exceeded)- does it matter for the appeal? once submitted , can i add more grounds to my appeal? I have appealed on the following grounds: [FONT=Times New Roman, serif]
1 Charge not a genuine pre-estimate of loss[/FONT]
[FONT=Times New Roman, serif]2 The amount of the charge is disproportionate
3 No authority to levy charges
4 No Creditor identified on the Notice to Appellant
5. Unlawful Penalty Charge[/FONT]
I wonder if I should be adding one more: Notice to Keeper not properly given under POFA 2012 – no keeper liability.??? or are the above grounds enough to beat them? do i have to start a new thread or cani get advice here? many thanks

Weekends_r_2_short

All I can advise is to copy my appeal as your situation sounds the same and it worked for me thanks to being given the right wording on here. To get decent help from the most knowledgeable people on here I reckon that it would be preferred to start a new thread. Best of luck to you

maspas

I have recently received an evidence pack/refutal to my Popla appeal from highview parking, I need to compose a rebuttal to all their lies, I am so overwhelmed by this process, would you parking prankster be able to help please if I possible?? my case is overstaying a free car park and i need to reply by the end of this week! Thank you!

maspas

any help/advice much appreciated !