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The IAS/POPLA difference in a nutshell
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Guys_Dad
Posts: 11,025 Forumite
Looking at the latest POPLA win posted in the POPLA DECISIONS thread today (14/7/15), the difference between IAS and POPLA is beautifully demonstrated in one sentence from the POPLA adjudicator
" The onus is on the Operator to prove their case against the Appellant and on this occasion they have not done so."
IAS, however, from their many rejections state that the onus is on the motorist to show that the PPC's charge is not lawful.
The POPLA appeal above was won because PE refused to supply details of their right to charge on the land in question. From a recent thread IAS rejected the appeal saying " The Operator confirms that they do have authority to manage parking at the location. Even if that agreement was invalid, it has previously been held that would not invalid that contractual agreement between the Appellant and the Operator (VCS v HRMC 2013).."
Says it all.
" The onus is on the Operator to prove their case against the Appellant and on this occasion they have not done so."
IAS, however, from their many rejections state that the onus is on the motorist to show that the PPC's charge is not lawful.
The POPLA appeal above was won because PE refused to supply details of their right to charge on the land in question. From a recent thread IAS rejected the appeal saying " The Operator confirms that they do have authority to manage parking at the location. Even if that agreement was invalid, it has previously been held that would not invalid that contractual agreement between the Appellant and the Operator (VCS v HRMC 2013).."
Says it all.
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Comments
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There is a further difference in that PoPLA adjudicators are known, IAS ones are not.You never know how far you can go until you go too far.0
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Do both meet the new regulations in Schedule 3 of The Alternative Dispute Resolution for Consumer Disputes?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
POPLA meets it in all respects except for making the service available for a period of 12 months.Do both meet the new regulations in Schedule 3 of The Alternative Dispute Resolution for Consumer Disputes?
The IAS is nowhere near compliant.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0
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