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POPLA Appeal Success against PE
choice4
Posts: 57 Forumite
Hi
I would like to thank all on this site, as the popla appeal was successful against PE
If you want to see my story please read all my posts.
In summary, don't pay PE notice, appeal, and if you are outside the appeal window, reset the clock by naming, the driver, or anyone who might have been the driver
then appeal to PE , if they reject the appeal then appeal to popla.
From the email below from POPLA, PE did not send all the documents to defend their case so appeal allowed!!
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 [FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]allowed. [/FONT][/FONT]
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic] [/FONT][/FONT]The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]Reasons for the Assessor’s Determination
[/FONT][/FONT]The operator issued a parking charge notice to the vehicle for remaining at the site for longer than 4 hours.
The appellant has made various submissions; I have not dealt with them all as I am allowing this appeal on the following ground.
The appellant’s case is that the operator has no standing authority to pursue parking charges.
After reviewing the evidence I find that the operator has not provided a copy of a contract between them and the landowner and that neither has the operator provided a signed witness statement by the landowner which gives the operator the authority to pursue parking charge notices.
Therefore, having carefully considered all the evidence before me, I must find as a fact that on this particular occasion, the operator has not shown that they have authority from the landowner to pursue parking charge notices. As the appellant submits that the operator does not have this authority, the burden of proof shifts to the operator to prove otherwise. I find that the operator has not discharged this burden.
Accordingly, this appeal must be allowed.
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]Amber Ahmed
[/FONT][/FONT]Assessor
I would like to thank all on this site, as the popla appeal was successful against PE
If you want to see my story please read all my posts.
In summary, don't pay PE notice, appeal, and if you are outside the appeal window, reset the clock by naming, the driver, or anyone who might have been the driver
then appeal to PE , if they reject the appeal then appeal to popla.
From the email below from POPLA, PE did not send all the documents to defend their case so appeal allowed!!
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 [FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]allowed. [/FONT][/FONT]
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic] [/FONT][/FONT]The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]Reasons for the Assessor’s Determination
[/FONT][/FONT]The operator issued a parking charge notice to the vehicle for remaining at the site for longer than 4 hours.
The appellant has made various submissions; I have not dealt with them all as I am allowing this appeal on the following ground.
The appellant’s case is that the operator has no standing authority to pursue parking charges.
After reviewing the evidence I find that the operator has not provided a copy of a contract between them and the landowner and that neither has the operator provided a signed witness statement by the landowner which gives the operator the authority to pursue parking charge notices.
Therefore, having carefully considered all the evidence before me, I must find as a fact that on this particular occasion, the operator has not shown that they have authority from the landowner to pursue parking charge notices. As the appellant submits that the operator does not have this authority, the burden of proof shifts to the operator to prove otherwise. I find that the operator has not discharged this burden.
Accordingly, this appeal must be allowed.
[FONT=Century Gothic,Century Gothic][FONT=Century Gothic,Century Gothic]Amber Ahmed
[/FONT][/FONT]Assessor
0
Comments
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Well done. If you haven't alread done so, please will you ad this to the POPLA decisions sticky thread at the top of the main page.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
how can I add it, I just copied and posted it, but I don't know if I have to add it to a numbered section0
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I saw your post in the POPLA Decisions thread. You did it right.
0 -
Please can anyone tell me what would happen now would I get a letter from PE cancelling the ticket or do I contact PE,
thanks0 -
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