UKPC appeal

Coupon-mad

There is no 'yikes' - you will win. There is nothing to worry about.

NateR

I had a rather unusual e-mail from POPLA at 10pm last night advising that they have now received my case file and I have 7-days to respond. I've logged on to track my appeal and it still says it's in progress. I'm hoping things are nearing a conclusion.

Coupon-mad

It means you will be sent the evidence by the operator next week and you must rebut it. If it doesn't arrive (or arrives late, leaving you almost no time) email POPLA and ask for an extension of time.

NateR

A second evidence pack? I thought I would be in the home straight now

Coupon-mad

NateR wrote: »

A second evidence pack? I thought I would be in the home straight now

No there wouldn't be...sorry, sounded like the ones they send when they get the evidence but you've already done that bit.

What does the POPLA email say? Is it one saying the case was stayed for Beavis and now it's unstayed and you have seven days to add your post-Beavis submission? They are sending out emails like that.

Feral_Moon

I still haven't heard a thing from my POPLA appeal from back in September. Apologies NateR re the PM situation. My PMs are switched off. The unit 47 they've given photos of actually belonged to, or should I say was rented by, a friend of mine for a Crossfit sports gym but ironically they've very recently moved up the road, and possibly into the empty unit we've both been ticketed for parking (unit 10 or 11).

NateR

Coupon-mad wrote: »

What does the POPLA email say?

It's a clone of the e-mail I received when they sent the original case file. Maybe I should contact them to see why I am receiving this, so late at night too.

Feral_Moon wrote: »

The unit 47 they've given photos of actually belonged to, or should I say was rented by, a friend of mine for a Crossfit sports gym

It's very interesting that they'd provide a photo of unit 47. I'm presuming your friend didn't hire UKPC to ticket cars at that unit? I'll let you know as soon as I hear anything on my appeal.

Coupon-mad

I have seen POPLA send the wrong email before. I would reply to this and point out this is a clone email at a strange time of night, and query whether they meant to send you something else?

NateR

Woohoo!!! Thank you all those who assisted, in particular Coupon-mad.


DecisionSuccessful
Assessor NameAmi Edwards
Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) on the basis the parked without displaying a valid permit.

Assessor summary of your case
The appellant states the signage was not lit so no contract could be formed. The appellant also states the operator does not have land owner authority and the charge is not a genuine pre-estimate of loss.

Assessor supporting rational for decision
The operator has issued the Parking Charge Notice (PCN) on the basis the parked without displaying a valid permit. The appellant has raised several grounds of appeal. However, my findings will focus on landowner authority as this ground has allowed the appeal. Section 7 of the British Parking Association (BPA) code of practice requires operators to own the land or to have written authority from the landowner to operate on the land. As the operator has failed to provide any evidence in response to this ground of appeal, it has failed to prove that it has the required authority to operate on the land in question. As such, I must consider that the PCN was not issued correctly. I have not considered any other grounds for appeal, as they do not have any bearing on my decision.

Ralph-y

well done ... :j

and thanks for the appeal posting .... it may well help others

can you help the cause by signing the petition

here

https://petition.parliament.uk/petitions/111925

Ralph:cool: