Company car - advice is to appeal early, but how early?

nigelbb

frankietwospots wrote: »

So I have the POPLA decision. I'm confused. It says it's unsuccessful but then at the end says 'I must allow the appeal'???

Clumsy cut & paste I expect. You clearly have won as "the operator has failed ... to prove that it has the required authority to operate on the land in question"

Edna_Basher

Congratulations - you've won

frankietwospots

Really?? That's pretty slack of them and they've taken an absolute age to reach a decision. With a week old baby i can do without the hassle of going to court so i hope you are right that i've won! I'll email them for clarification.

Edna_Basher

I've seen POPLA mistype the decision heading before.

The important stuff's in the text of the decision itself.

"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. I acknowledge that the appellant has raised other grounds for appeal, but as I have allowed the appeal on this basis, I have not considered them. Accordingly, I must allow the appeal".

Coupon-mad

frankietwospots wrote: »

Really?? That's pretty slack of them and they've taken an absolute age to reach a decision. With a week old baby i can do without the hassle of going to court so i hope you are right that i've won! I'll email them for clarification.

You have won indeed, but certainly I would email them in case that heading causes you any issues. I assume the evidence pack was completely missing any landowner contract? If there was none, you know POPLA are right to find in your favour but you need that confirmed!

frankietwospots

That's right - there was no landowner contract in the evidence pack. I'm writing to POPLA now just to confirm that I have won and then I can post the details on the POPLA appeals thread.

frankietwospots

Well I am hopping mad. I emailed POPLA to query why my outcome was marked as 'unsuccessful' when the supporting rationale seems to imply that it was successful. The email I got back from James Beaton seemed to pay no regard to the detail in my email and said that not all of the information pertaining to the case had been considered and that my case was to be re-assessed. I then get an email from POPLA saying to check the portal for the revised decision. I log in and guess what, it's exactly the same e.g. marked as unsuccessful but the same rationale saying that the appeal has been allowed.

So I write back to them but, to date, no response. Today I get a demand from the parking operator to pay the £100 fine. I'm so annoyed!!

So I've just phoned POPLA to explain the situation. I asked the lady on the phone to read out what she could see on the portal regarding my appeal. SHE STARTED READING OUT A COMPLETELY DIFFERENT PARAGRAPH!!! I then read her what I could see on the portal and she had to agree that it was confusing. So I've just sent them a screenshot of what I can see vs what they can see, along with a very stern email about how this has caused me unnecessary stress, esp with a newborn baby to look after. Honestly, I can believe what a mess this is...

Redx

I think I would do as post #43 here too

https://forums.moneysavingexpert.com/discussion/5378359

same as post #23 here

https://forums.moneysavingexpert.com/discussion/5411246

Coupon-mad

frankietwospots wrote: »

Well I am hopping mad. I emailed POPLA to query why my outcome was marked as 'unsuccessful' when the supporting rationale seems to imply that it was successful. The email I got back from James Beaton seemed to pay no regard to the detail in my email and said that not all of the information pertaining to the case had been considered and that my case was to be re-assessed. I then get an email from POPLA saying to check the portal for the revised decision. I log in and guess what, it's exactly the same e.g. marked as unsuccessful but the same rationale saying that the appeal has been allowed.

So I write back to them but, to date, no response. Today I get a demand from the parking operator to pay the £100 fine. I'm so annoyed!!

So I've just phoned POPLA to explain the situation. I asked the lady on the phone to read out what she could see on the portal regarding my appeal. SHE STARTED READING OUT A COMPLETELY DIFFERENT PARAGRAPH!!! I then read her what I could see on the portal and she had to agree that it was confusing. So I've just sent them a screenshot of what I can see vs what they can see, along with a very stern email about how this has caused me unnecessary stress, esp with a newborn baby to look after. Honestly, I can believe what a mess this is...

The important point is not really about what you can see/what they read out. The important point is that your evidence pack had no 'landowner contract' so you cannot possibly have lost this appeal.

Remind POPLA that the POPLA service has always steadfastly disregarded anything that the appellant has not been supplied with as evidence, whether or not POPLA saw a copy, because operators are categorically not allowed to supply a different (smaller) evidence pack to the appellant. Your evidence pack had no landowner authority = the appellant wins.

I would copy in Gemma at the BPA asking her to investigate before you take this further as a formal complaint to ISPA, and saying how this has caused you unnecessary stress, esp with a newborn baby to look after:

gemma.d@britishparking.co.uk

Concentrate on the missing landowner authority which it is far too late to be added now and - for consistency with 2015 decisions and for consumer fairness - must be disregarded by POPLA if they have a copy. Either way, the appeal should be upheld in your favour.

frankietwospots

Just an update on this. POPLA are sending me a hard copy of the outcome of my appeal as clearly what they are seeing on the portal is completely different to what I am seeing when I log in. They have also emailed me to say that my appeal has been refused and that it is 'case closed' but have not said on what grounds the appeal has been refused and absolutely no mention of the landowner contract issue. So I'm going to what to see what turns up in the post. Part of me thinks that they have somehow conflated my appeal with someone else's and that what will arrive in the post won't even relate to my case. From what they read out over the phone, it would appear that that is what has happened, in which case I'll be making a formal complaint about their processes.

Thanks for the suggestions Coupon-mad and the BPA contact - I'll see what arrives in the post from POPLA and then make my next move. I'm still fuming about this whole sorry mess.