ParkingEye - pay discount? advice please

RayBoy1528

Thanks c-m

Should this be a reply to the email from info@popla.co.uk or another address?

Will the portal update with my email response or can I expect to receive an email confirmation? Just worried the email doesn't get seen.

Umkomaas

Will the portal update with my email response or can I expect to receive an email confirmation? Just worried the email doesn't get seen

That's best checked with POPLA - give them a call. Straight from the horse's mouth - latest information. No need to fear making a phone call to them.

RayBoy1528

Hello everyone,

I got my appeal result back from POPLA a few days ago...SUCCESSFUL!!! :j

Appeal upheld on grounds of landowner authority.

Thank you so much to everyone here that helped. I can't believe I was considering paying the discount!!

Here is the redacted POPLA response:

POPLA assessment and decision
03/07/2017
Verification Code
**********
Decision
Successful
Assessor Name
Louise Dack

Assessor summary of operator case

On ****** vehicle ******* was issued with a Parking Charge Notice (PCN). This PCN was issued due to the motorist parking for longer than the period of time paid for.

Assessor summary of your case

The appellant states that the operator does not have the authority from the landowner to issue PCNs on site, the Automatic Number Plate Recognition system does not comply with the BPA Code of Practice and fails to take into account the time it takes to use the ‘Pay By Phone’ system, a period has not been applied and that the signage on site is inadequate.

Assessor supporting rational for decision

The appellant has raised a number of grounds for appeal however; I will concentrate this appeal on landowner authority. The appellant states the operator does not have authority from the landowner to issue Parking Charge Notices (PCN). In terms of POPLA appeals, the burden of proof belongs with the operator to demonstrate it has issued the PCN correctly. In this instance, the operator has failed to provide a contract of landowner authority and as a result I am unable to confirm if the contract meets the requirement of the British Parking Association (BPA) Code of Practice section 7. Therefore, in this case, I am unable to confirm that the operator has landowner authority to issue PCN’s on the site in question. As such, I can only conclude that the PCN was issued incorrectly. Accordingly, I must allow this appeal.

Redx

excellent news

please add this thread as a link , with the name of the PPC and the decision above added, in the POPLA DECISIONS sticky thread at the top of this forum , so others can refer back to it for help in their appeals

thanks , and well done

and bear in mind that PE refused your appeal and POPLA passed it , so as PE have probably accessed your data from the DVLA you may be able to claim for a DPA breach, if you can prove it

Umkomaas

If they can't produce a landowner authority to POPLA (and it's hardly a difficult task if they've actually got one) the only inference that can be drawn is that they don't have the authority to issue tickets, therefore fail to comply with the BPA Code of Practice, a sanctionable event, and a possible breach of the Data Protection Act principles.

@OP - you should complain about this to the BPA (breach of CoP), to David Dunford of the DVLA and to the Information Commissioner's Office (ICO) both on the potential DPA breach.

Winning motorists should not just be breathing a sigh of relief that a POPLA success is the end of it. If we are to truly hit these parking companies as hard as they hit motorists, a POPLA win should often be merely a starting point for the counterattack.