Ethical Parking CBC and Brighton & Hove Council

Iguana_En_Fuego

Sorry, seen this a million times on the forums, but is it info@popla.co.uk?

Coupon-mad

It's the one that emailed you the password.

Iguana_En_Fuego

Again, thanks C-M. I did not have the POPLA email, but have it now from the RK. Guess p/w is the PTL.... In the original POPLA subject line. Anyway, RK has sent email and attachment. So now we wait...

Coupon-mad

No, POPLA will have emailed a password of random numbers & letters, straight after the appeal was filed online (within minutes) and it isn't in the subject line, it's a standard acknowledgement. It's to check the Portal where you can read the statement of case.

Fruitcake

A few comments about the premium rate 'phone numbers.

The 0845 number breaches Regulation 41 of the Consumer Contracts Regulations 2013. These regulations came from BIS, not Ofcom, and took effect on 13 June 2014. This can be reported to Trading Standards (via the Citizen's Advice national Consumer Helpline on 0345 404 0506).

The 0845 number is also a breach of the parking industry Code of Practice. This can be reported to the appropriate trade association. (BPA)

The omission of call costs from the sign breaches Ofcom regulations that took effect 1 July 2015. This can be reported to ASA via their webform

Iguana_En_Fuego

Oh, that password, Doh!, my bad again. Assumed there was another specific to the evidence. Anyway all sent.

Iguana_En_Fuego

Thanks for that. Rebuttal sent so too late to include, but will keep for future reference. I have another resident in the same estate with multiple invoices who is watching this with interest.

Coupon-mad

Good, at least they are only invoices from Ethical and as keeper, they can't be held liable. And Ethical are useless with evidence.

I hope the resident hasn't written any appeals talking about who parked.

Iguana_En_Fuego

The RK received the POPLa decision whilst I was on Holiday, hence delayed update to this thread. The RK and myself are thankful to the forum regulars for their help and guidance throughout.

Decision: Successful
Assessor Name: **

Assessor summary of operator case
The operator’s case is that the appellant failed to display a parking permit.

Assessor summary of your case
The appellant’s has questioned the operator’s authority to issue Parking Charge Notices (PCNs). The appellant does not believe the amount of the PCN is genuine pre-estimate of loss to the operator. The appellant states the Protection of Freedoms Act 2012 does not apply, as it is not relevant land. The appellant states the signs on site are not prominent, clear or legible. The appellant states the operator has breached the British Parking Association (BPA) Code of Practice.

Assessor supporting rational for decision

The appellant has questioned the operator’s authority to issue PCNs. Section 7.1 of the British Parking Association (BPA) Code of Practice sets out to parking operators that “if you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent).

The written confirmation must be given before you can start operating on the land in question and give you authority to carry out all aspects of car park management for the site you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.”

The operator has provided POPLA with a signed contract between itself and the landowner. While I appreciate that the contract states that the agreement began on 01 December 2014 and was only valid for 12 months, therefore I do not consider this to be sufficient proof that the operator still has the authority to issue PCNs.

I am not satisfied that the operator has met the minimum requirements set out by the BPA Code of Practice.

I note the appellant has raised other issues as grounds for appeal, however as I have decided to allow the appeal for this reason, I did not feel they required further consideration.

Now I wonder who will be first to mention 'DPA claim'...?

Umkomaas

Now I wonder who will be first to mention 'DPA claim'...?

Not me! :rotfl:

But you do have 6 years to pursue the PPC, so I'd sit, wait and watch any trailblazer cases that I'm sure will break out this coming summer. If successful, then consider following their leads.