parking fines - railway car park

Coupon-mad

Except that you can't add new evidence at this stage. You can only comment on theirs.

zed37

Thank you to everyone for their help. My appeal was successful got this back from POPLA.
Successful
Assessor NameGraham Davies
Assessor summary of operator case
The operator issued a Parking Charge Notice (PCN) because the driver parked without displaying a valid permit.

Assessor summary of your case
The appellant’s case is byelaws and no grace period given.

Assessor supporting rational for decision
PCNs are issued in respect of a driver’s obligation to pay parking charges due under a contract, by parking the vehicle on relevant land. On this occasion, the operator has stated it is pursuing the driver. However, the operator has not provided sufficient evidence that the appellant was the driver of the vehicle at the time of the parking event. The burden of proof lies with the operator in demonstrating a parking contract was formed and, if so, whether the motorist kept to the parking conditions. The operator must then prove that it is pursuing the correct individual for the charge. I appreciate the appellant has raised other issues in their appeal, however it is not necessary to consider these in this case. From the evidence, the operator has failed to demonstrate that the appellant was the driver of the vehicle on this occasion. Therefore, I cannot accept the PCN was issued correctly.

Umkomaas

The appellant’s case is byelaws and no grace period given.

If that was the appelant's case, how come POPLA reached this decision?

the operator has failed to demonstrate that the appellant was the driver of the vehicle on this occasion. Therefore, I cannot accept the PCN was issued correctly.

Curiouser and curiouser, cried Alice!

zed37

hi there, apparently POPLA wrote to APCOA and they came back saying that they had proof that i was the driver. They had information from the hire company, however the information they had was incorrect so i replied back to that comment on the popla appeal website and that is the response. I am happy it is resolved though, whatever the case.....thank you loads for all the help

Umkomaas

apparently POPLA wrote to APCOA and they came back saying that they had proof that i was the driver. They had information from the hire company, however the information they had was incorrect

There's no easy way that APCOA, or the hire company, can prove who the driver was. All they know is who the hirer was.

Unless they meet the exacting requirements of PoFA (which are greater than those for keeper liability), they have one very steep uphill struggle to pin anything on the hirer.