POPLA Decision REVERSED

pappa_golf

ok getting confused here , you say the reply to the failed POPLa appeals was with London councils , and the accepted appeal was with the new adjudicators?

Coupon-mad

ALL THREE were by new POPLA.

The OP is describing the email everyone got from London Councils during the transition but these cases were 'new' POPLA ones:


Dear motorist,

Ombudsman Services Limited is now administrating Parking On Private Land Appeals (POPLA).

You have previously expressed an intention to register an appeal with POPLA. You are now able to register your appeal by using the following link

You have 28 days from today to submit your appeal, after which time, you will lose the opportunity to do so.


This then meant the appeals went to new POPLA.

The OP should complain to Nicola Mullany at ISPA I would say. Surely if a consumer raises inconsistency about two decisions compared to another, they can only reconsider the two cases the person has complained about. Seems unfair under the Consumer Rights Act - but not sure which section! Also unfair to reverse a decision where they have already told an operator to cancel a PCN and confirmed this to the consumer.

And unfair because at no point when a consumer signs up for POPLA is the remote and completely unknown possibility of changing a decision (without evidence being pointed out which was missed, for example) ever mentioned. This really has opened a can of worms.

And if these cases go to small claims then the OP will need to do better research for the defence because these 3 PCNs were soooo winnable on appeal, just needed some better appeal points which would have been easy enough to find on here or other parking forums like pepipoo.

yotmon

Coupon-mad wrote: »

ALL THREE were by new POPLA.

These 3 PCNs were soooo winnable on appeal, just needed some better appeal points which would have been easy enough to find on here or other parking forums like pepipoo.

Maybe a 'fair' way forward would be to complain to ISPA to have Popla cancel all three adjudications and for them to allow completely fresh appeals. Then, with help of this site, all 3 appeals could be successful, Popla wouldn't lose face as they would be adjudicating over 'fresh' evidence and the only 'losers' would be the PPC :T

Louis_C

UPDATE:

I sent an email to the management company:

Jo & Neysha,

As you’re aware, I have been emailing you regarding parking issues at XXXX for over 6 months now. We’ve failed to come to a resolution for my issue which i am rather disappointed about. Today i will focus on a different issue.

The parking company you have in place have issued me 3 tickets over the past 7 months of owning flat No.28 due to my permit falling on the floor of my car. I have appealed all three of them and had the appeals declined. I have sort legal advise regarding the lease at Prior Mews. The lease DOES NOT state that a permit has to be displayed. I have been doing this out of courtesy to the parking attendant and I do not agree to UKPS being present and the displaying of a permit is entirely at my own discretion, if you want the permit returned then I will do so, I am also withdrawing any right of implied access to my parking space in relation to the issuing of parking charge notices and I also forbid them from taking photographs on my property, I can’t stop UKPS from taking photos without permission on public land however I can prevent them on private land.

The lease states that the management company taking reasonable measures to ensure the smooth running of the car park - a private parking company is anything but reasonable. I am a genuine customer that the parking company has been introduced to protect. They are currently failing to do so,

Mr & Mr Sullivan, I have CC’d you into this communication to ensure that this matter is taken seriously. I have asked for a call back from one of you in an earlier email but it was dismissed.

What i would like to happen:

1. UKPS MUST cancel all charges with immediate effect on the registration XXXXXX (further information can be sent if needed regarding parking ticket numbers)
2. A list of solutions to the ongoing parking issues be sent to me, I am happy to collaborate ideas to resolve this issues but when cars block my access to my space and i have to take a taxi to my destination because i can’t get my car out of space, i don’t feel a parking ticket on their car window is enough

You have 10 days to confirm the charges have been cancelled.

Louis


I've just received this response:

Dear Louis,

I have today called UKPS and requested the cancellation of your tickets, unfortunately I believe that the process has progressed to such a stage that the request of cancellation from me will not suffice.

I questioned the permit not being on show, and some discretion is surely needed if you had provided them a copy of your permit. They made reference to this happening numerous times.

If you had advised me earlier of your ongoing issues with UKPS, I may have been able to help, but unfortunately on this occasion they are refusing to cancel the tickets.

vrbarreto

I don't know if this is correct but hasn't the principal informed their agent that they are to cancel the tickets? The PPC is talking absolute rubbish.. They can cancel the tickets any time they like.. They would be foolish in the extreme to try and take this anywhere... This shower are only after money.. I'm not surprised that they're lying..

Umkomaas

Tell the management company that a court case will most probably ensue in the next few months and you will be calling them as witnesses.

Ask them to provide to you, within 7 days, a list of dates in the next 6 months when they will not be available to attend court. Turn their screws a bit!

Redx

as above, they dont seem to have grasped that you want to remove your permissions for that space (your space)

the ppc could have placed the VRN for your vehicle on a whitelist, but havent done

tell them you are prepared to take out an injunction against them and their agent (UKPS) if that is what it takes for you to obtain "peaceable enjoyment" of your tenancy or agreement

as as mentioned above, tell them in writing you are prepared to go to court and will be calling them to court in order to explain themselves , so to give you dates that they are unable to attend, ask who will be the principal party who you need to write to as far as court papers etc too (the one who will be attending and dealing with the paperwork)

Louis_C

Hi Redx

What do you mean by:
"the ppc could have placed the VRN for your vehicle on a whitelist, but haven't done"

Thanks

zardoz70

Rather than having to display a permit UKPS could have simply added your vehicle registration number to a list of known 'good' vehicles which should never be issued a ticket.

Redx

which probably includes their own vehicles, the landowners vehicles and the Managing Agents vehicles , so they look after their own

if they have had so much trouble with a vehicle bearing your VRN, then why didnt they just add it to a whitelist of known and not to be messed with vehicles ?

a "whitelist" is the opposite of a "blacklist"

trust me, if you take out an injunction against them they will be adding your VRN to this whitelist pronto , if not sooner