POPLA Appeal Help

RobinofLoxley

Okay no problem, there's no need.

wrighteye1

I've won!!

Please see below for the decision. Thanks again to everybody for all their help and advice.

DecisionSuccessful
Assessor NameGemma West
Assessor summary of operator case
The operator’s case is that the appellant parked in a restricted area.

Assessor summary of your case
The appellant has raised a number of grounds of appeal which I have listed below: • The appellant states the operator has failed to comply with the Protection of Freedoms Act (PoFA) 2012 and the parking charge is invalid. • He explains the operator has not produced any evidence that the vehicle was parked in a restricted area. • The appellant states the signage is non-compliant, therefore no contract with the operator. • The appellant has questioned landowner authority.

Assessor supporting rational for decision
The operator has provided photographic evidence of the terms and conditions which state “You agree to pay a parking charge of £80 if you: Park in a non-designated area”. The operator states it issued the Parking Charge Notice (PCN) as the appellant parked in a restricted area. In this instance, the driver has not been identified and as such, the operator is attempting to pursue the appellant as the registered keeper of the vehicle. As a result, I must ensure the operator has met with the requirements of the Protection of Freedoms Act (PoFA) in order for it to have transferred liability of the Parking Charge Notice (PCN) to the keeper. Schedule 4 of the PoFA, Paragraph 9 states: “(4) The Notice must be given by – (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.” In this instance, the operator has not provided a copy of the Notice to Keeper, therefore I am unable to identify if the operator has met the requirements of PoFA 2012. As a result I am not satisfied the PCN was issued correctly. I must allow the appeal. As I have allowed the appeal on this ground, I do not need to address the further points raised by the appellant.

Coupon-mad

the operator has not provided a copy of the Notice to Keeper,

LOL, they could just as easily have lost based on no evidence of a restricted area, seeing as the car was properly parked in a public/shopping car park bay!

:T

Hopefully this is the first of many at Meadowhall because these should all be easy to win at POPLA.

I hope the staff are lobbying the local MP to understand (properly) what is going in here.