POPLA appeal rejected - advice about what to do next?

RHead

Hi

Followed advice given on here - copy and pasted template and added that it was dark so driver couldn't see signs but POPLA appeal rejected - Does anyone have any advice about what to do next?

Short summary

"The Appellant raises several grounds of appeal. He submits that:
a) The parking charge is punitive and does not reflect a genuine preestimate of loss;
b) The Operator has no authority from the Landowner to issue parking charge on the land;
c) The ‘keeper liability’ provisions in the Protection of Freedoms Act 2012 have not been complied with;
d) The signage at the site is inadequate; and
e) The ANPR records are unreliable.

(1) I find that the Operator has provided sufficient evidence to establish that the charge is based upon a genuine pre-estimate of loss.

(2) The Operator has provided a signed witness statement from a person authorised to make a statement on behalf of the Landowner which confirms that the Operator has authority to issue parking charges on the land

(3) I find that the requirements of the Protection of Freedoms Act 2012 have been properly complied with in this case

(4) I find that the signage at the site was adequate and clearly stated the Terms of parking. This is on the basis of photographic evidence provided by the Operator.

(5) The Appellant has submitted that there may have been two visits which were recorded as one by the ANPR camera. However, the Appellant, as registered keeper, can provide no evidence one way or the other as to whether the driver entered and exited the site more than once. On all of the evidence before me, I find that it is more likely than not the driver entered and exited the site only once.

Consequently, I find that the Appellant is liable to pay the parking charge as the registered keeper of the vehicle. Accordingly, I refuse the appeal."

Also a little confused by the last point stating that the appellant is liable to pay since, whilst I am the registered keeper they do not know who was driving

Grateful for any advice, thanks

Richard

ManxRed

Did you receive a copy of the PPC's evidence pack?

The_Deep

Is the OP a serious poster or is he a !!!!!! Head?

RHead

ManxRed wrote: »

Did you receive a copy of the PPC's evidence pack?

I did - was there something specific in it I should look out for?

Also is the point about them only knowing who the keeper of the car is but not the driver something that can be used?

I've read either here or somewhere else that if the parking company want to issue a county court order that has be against the driver - does that sound about right?

Thanks

RHead

The_Deep wrote: »

Is the OP a serious poster or is he a !!!!!! Head?

Not heard that one before, thanks for pointing it out

Marktheshark

You only joined this morning.
Thats some going for an appeal and rejection, well spotted The Deep !

Mike172

Would have been believable if you had posted the name of the assessor.

Poor effort.

ManxRed

RHead wrote: »

I did - was there something specific in it I should look out for?

Also is the point about them only knowing who the keeper of the car is but not the driver something that can be used?

I've read either here or somewhere else that if the parking company want to issue a county court order that has be against the driver - does that sound about right?

Thanks

It will have contained a load of hogwash about the loss calculations and a woefully inadequate witness statement regarding the contract. You should have rebutted this to POPLA.

Having said that, POPLA have called you a liar, which might be worthy of a complaint, but I don't think it will get your case re-reviewed.

If you can prove you were elsewhere in the intervening period (and this could be a witness statement from someone you were with) and are confident that they haven't met the conditions for holding the registered keeper liable, then this would be a strong appeal point, when coupled with a proper rebuttal of their 'loss' figures (which doubtless included costs of preparing appeals and staff wages) if it ever came to court.

RHead

Marktheshark wrote: »

You only joined this morning.
Thats some going for an appeal and rejection, well spotted The Deep !

This is a genuine question -

I followed the advice on here, copied and pasted the templates at each stage and have had them rejected by the parking company and then by POPLA

I registered once POPLA rejected the appeal as I'm hoping someone can advise me what to do next

I'm imagining that I pull them up on only knowing the keeper but not the driver but am unsure if this is the way to go

As per the original post, any advice gratefully received

The_Deep

Manx, it looks like a wind up. Either that or he is confusing PoPLA and IAS.

IMO, Popla are most unlikely to call a member of the public a liar, nor accept a PPC statement of loss without comment.

ManxRed

Why do you believe the paperwork/process was insufficient to hold the registered keeper liable? Genuine question, just want to know how strong your case might be.