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We won!!!!!

debs1505
debs1505 Posts: 68 Forumite
Thanks to everyone for their help ..... We won against ukpc :T

I'm unable to copy and paste but basically the letter from popla states -

"The operator (ukpc) does not have the authority from the land owner to issue car parking notices".

Thank you all :j:j

Edited to copy letter:

The appellant has made a number of submissions which I do not intend to deal with and will only elaborate on the reason why I am allowing this appeal, namely that the operator does not have the authority from the landowner to issue parking charge notices.

The appellant has asked to see proof that the operator has the authority to issue parking charges. The operator has failed to provide a copy of the contract between themselves and the landowner to show that they have the authority to issue parking charge notices and therefore I have no evidence before me to refute the appellants submission . The onus is on the operator to prove their case against the appellant and on this occasion they have not done so. Accordingly, this appeal must be allowed.

The operator should cancel the parking charge forthwith
«1

Comments

  • Guys_Dad
    Guys_Dad Posts: 11,025
    10,000 Posts Combo Breaker
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    Congratulations. It would be helpful if you could put in the relevant paragraph about why they did not have the authority of the landowner. Did they fail to produce any contract or was what they produced inadequate?
  • debs1505
    debs1505 Posts: 68 Forumite
    Edited above to add extract of letter
  • Guys_Dad
    Guys_Dad Posts: 11,025
    10,000 Posts Combo Breaker
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    Thank you. Most helpful.
  • debs1505
    debs1505 Posts: 68 Forumite
    The CPN was issued between Christmas and New Year so has taken almost 5 months in case anyone is wondering about time scales
  • bondy_lad
    bondy_lad Posts: 1,001
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    well done debs,ps,i used to be a cpn i guess you mean pcn.
  • debs1505
    debs1505 Posts: 68 Forumite
    bondy_lad wrote: »
    well done debs,ps,i used to be a cpn i guess you mean pcn.

    Ha ha! Edited Bondy!
  • Umkomaas
    Umkomaas Posts: 45,033
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Why not write back to POPLA to ask, in view of their statement in upholding your appeal
    I am allowing this appeal, namely that the operator does not have the authority from the landowner to issue parking charge notices.

    if they will now report this to both the BPA for sanction points and to the DVLA, as the PPC had no reasonable cause to seek your details.

    This, in theory, should put more cats amongst the pigeons than a basic win at POPLA. No doubt you're thrilled with your win, but it would be good if you could help fight on the wider front by writing to POPLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Ralph-y
    Ralph-y Posts: 4,842
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
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    and on that point of fighting back ..... which I hope you will ......

    after doing the above please fill in the Government consultation survey on you experiences .....#

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418725/Parking_Discussion_Paper_FINAL.pdf

    Ralph:cool:
  • Hi I am new to the forum - well done on your win! Is it possible you could share the letter that you sent to give me pointers for a ticket I want to appeal also. Thanks
  • HO87
    HO87 Posts: 4,296 Forumite
    Firstly, please make your way to the Newbies thread and read that through. There is alot to read but it will give you an understanding of what you are going to deal with. The Newbies thread is here.

    If you are not already at the POPLA stage then the following appeal will be entirely redundant.

    The draft POPLA appeal that debs1505 sent can be read here - but keep in mind that it had been adapted to her circumstances. If you blindly copy it without reading the Newbies thread then you may well find that you miss an important appeal point which was relevant to debs but is of no consequence to yours.

    Finally, if you want further assistance then start your own thread - if you haven't already. :)
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
This discussion has been closed.
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