POPLA first attempt

System

Just had by snail mail a letter from POPLA, saying that their assessor has determined that my appeal relates to issues considered in the Beavis vs Parking Eye case and therefore they have adjourned my case while they review the Supreme Court's decision.
Even though I argued that my case was not the same as Beavis vs PE, my guess is that lots of people will be similarly being put on hold.

Guys_Dad

A swift reply back is required. Because you included the key word "Beavis" in your letter, they have leapt upon it. But that is not your main appeal point.

So you need to bring it to their attention that you have other points in yoiur appeal and require them to consider these points.

It is hard to get an adjudication overturned and if they adjudicate on the old GPEOL arguments alone (which was the major thrust of Beavis) then you may not get a fair hearing.

Coupon-mad

FreyasmumSOS wrote: »

Just had by snail mail a letter from POPLA, saying that their assessor has determined that my appeal relates to issues considered in the Beavis vs Parking Eye case and therefore they have adjourned my case while they review the Supreme Court's decision.
Even though I argued that my case was not the same as Beavis vs PE, my guess is that lots of people will be similarly being put on hold.

They've used the Beavis case as an excuse but really this is because POPLA has ridiculous delays and they want to tell you you will have to wait. Some October appeals haven't been decided yet! As the Beavis case was decided in the first week of November, three MONTHS ago, they can hardly pretend it's new!

It seems that new POPLA bit off much more than they could chew with this contract and are drowning a bit right now.

They'll get to your case in the end and the vast majority of decisions we've seen here so far have been very good. See the end of the 'POPLA Decisions' sicky thread; the most recent posts not the oldest.

System

Success! Had a letter from Popla allowing my appeal. Appeal allowed on grounds of absence of landowner authority. Alluded to poor signage but said because of non compliance with Section 7 of BPA code of Practice, the appeal was allowed.
"[URL="[IMG]http://i67.tinypic.com/8x4y79.jpg[/IMG]"][/URL] If it's helpful. Many thanks for all of the constructive comments and guidance offered on this forum

Umkomaas

Please take the following action which will exact some revenge/pain on the PPC!

Please complain/write to the following:

1. DVLA.
Ask the DVLA to stop providing keeper details to the PPC for that particular site in view of the POPLA statement that they have no authority to operate on this land.

2. BPA.
Ask the BPA to confirm they will be issuing sanction points to the PPC in view of the POPLA statement.

Copy your POPLA decision, emphasise the statement that no authorisation exists, to both the DVLA and the BPA.

Well done on your successful appeal by the way. Please let us know what the outcomes of your complaints are. Link to your original thread with the details when received.

It's imperative we stop these outfits in their tracks if they are flouting requirements placed on them by the BPA/DVLA/PoFA, in order to fleece the general public and profit from their misfortune - without prodding, neither the BPA nor DVLA will do tap all!

Coupon-mad

Great news!

Some cases are being lost now because POPLA have 'swallowed' the Beavis case as if it relates to all parking charges. Wonder who gave them their advice?

Could you post a link to this thread and a short summary of your success in the 'POPLA Decisions' top thread please, FreyasmumSOS?

System

Following Umkomaas' suggestion I wrote to both DVLA and BPA. So far DVLA have not replied, but BPA have asked for further information/documentation etc, which I have just posted to them. It will be interesting to see if I hear back.

System

Updates on the irritant factor. I contacted both DVLA and BPA following my successful appeal against PE's parking charge....
I've just heard back from DVLA stating..."The determination by POPLA states that Parking Eye Ltd 'has failed to provide any sufficient 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'
This does not mean that Parking Eye Ltd do not have the authority to manage the land in question, only that they have not proven this at appeal. I have been in contact with Parking Eye Ltd and have seen evidence that they do indeed have the authority to manage the site in question. I cannot comment on why this was not provided to POPLA at the time or why this decision was made.
DVLA is satisfied that the relevant authority is in place to allow Parking Eye Ltd to manage this site.
As such, DVLA can take no further action in this matter. "

So PE Ltd do apparently show their authority to Government departments. No real surprise on that one, but, BPA did reply to my highlighting of PE's non-compliance with various points in their codes of practice, especially around signage and not keeping up to date records of the location of signs... They accepted my photographic evidence and tell me they have generated an enquiry.
It feels a bit like throwing a grain of sand into an oyster's shell,.. but that's the irritant which can cause a pearl to be formed, so who knows, there may be value in each little complaint.

Umkomaas

Good work Freyasmum. Returning a bit of pain. Usual whitewash from the DVLA (I bet they only got a copy of a Witness Statement).

Let's see what the BPA do to their major stakeholder (although I'm not holding my breath!).

Well done on hitting back.

System

Well I hope no-one held their breath! BPA did follow through with the complaints I sent in about Parking Eye's signage and seem to have not noticed the POPLA dismissal of the PE charge, which I included with the complaint and evidence, nor the photographs showing lack of clear and obvious signage. BPA's reply to me was:

"We have investigated your complaint with the Operator and can advise as follows.

Unfortunately Parking Eye have advised that an outdated signage plan was included as part of their POPLA evidence pack. This was a genuine error and Parking Eye have provided us with the correct signage plan.
In view of the error, Parking Eye have confirmed your parking charge notice wil be cancelled and confirmation sent to you in writing.

As appropriate corrective action has been taken, I have closed the investigation.

Thank you for brining this matter to our attention.

Kind Regards,
Gemma Dorans
AOS Investigations Team