Popla decision reversed

IanP2015

Afternoon,

Great site for advice on fighting PCN's first off.

I recently appealed using the site and won my decision with POPLA due to a lack of witness statement.

This wasn't included in the original evidence pack but was submitted at a later date 5 days later.

I won my appeal and received more than one email from POPLA to say i'd won on the grounds of lack of witness statement not sure why they felt the need to send 2 emails a week a part.

Today I received an email saying that my case was being reopened "It has been brought to our attention that an administrative error has taken place when your case came to be heard in that it appears that all evidence may not have been before the Assessor when the case was decided."

I replied back saying that as I received 2 separate emails stating that i'd won my appeal (Even though i'd seen the witness statement and found it strange that i'd won considering the witness statement was in fact submitted) I now consider the matter closed.

Can they re-open the case due to an admin error? They seem a shambles to be honest.

enfield_freddy

good question , but in there words


"the decision is binding on the operator"


chuck that back in there face ,

Umkomaas

Which PPC please?

IanP2015

Highview Parking LTD thing they also go under the name of Ranger Services

Umkomaas

After your initial salvo of 'You must be kidding, you've made your decision, I've spent a huge amount of time dealing with this, the PPC had the same time available to them, yet couldn't get it right (and they're the 'professionals')' you will need to find out the grounds on which they wish to resurrect this.

Come back if you need help then. Other regulars are likely to chip in soon too.

The_Deep

It has not been reversed as you state in the thread title, it has been re-opened. Obviously, Popla lost/misplaced the PPC's witness statement.


If a system is to be seen to be fair then both sides have a right to expect that all the evidence which they submit has been considered. Why do you considered that that should not be the case here?

Guys_Dad

You have the PPC's evidence. They would have sent that to you. Was there a witness statement in the pack they sent to you?

If it was, then it looks like a POPLA c**k up and they are doing the right thing, unfortunately.


However, if it is missing from the evidence they sent you as well, then get back sharpish, tell POPLA that point and tell them that if the PPC's admin is so bad, then that is there fault and they can't expect to have the adjudication re-opened whenever they think that they have new evidence and that you have not had the opportunity to review the said witness statement and challenge it.

The_Deep

GD, he says that it was received five days after the first. In which case, I am wondering why Freddie and Umkomaas take a different view to you and me.

IanP2015

It wasn't in the initial evidence pack but they sent it 5 days later after I raised the fact that it wasn't included and that my case should be thrown out.

I'm assuming their Admin error was the fact that the assessor had made a decision based on the initial evidence pack and not their update, although the decision was made 5 days after they received the witness statement.

Umkomaas

I'm not sure I take a different view, I don't think we have the full picture as we don't know the detailed POPLA side of things, other than 'an administrative error' which sounds very PPC-ish!

I was suggesting writing an 'Outraged of ......' letter to rattle the POPLA cage, just to make them think that the OP isn't going to go quietly if they do actually reverse their decision.

Guys_Dad

IanP2015 wrote: »

It wasn't in the initial evidence pack but they sent it 5 days later after I raised the fact that it wasn't included and that my case should be thrown out.

I'm assuming their Admin error was the fact that the assessor had made a decision based on the initial evidence pack and not their update, although the decision was made 5 days after they received the witness statement.

Sorry - I skimmed past that. Whereas I think that POPLA seem to be doing the right thing, that doesn't mean that you should not kick up a stink, including challenging the witness statement. Who has signed it? Have they seen the contract they are saying they have witnessed and can they testify to the extent that the PPC can pursue motorists.