Error in penalty notice

granola

Just been back to the POPLA site to copy the adjudication. At the top it says the appeal was unsuccessful. At the bottom of the adjudication narrative (the bit that matters) it clearly says it was successful. I'm going with the latter.

Umkomaas

At the bottom of the adjudication narrative (the bit that matters) it clearly says it was successful. I'm going with the latter.

What was the rational (sic) for the assessors ‘successful’ decision.

You need to be ready for the PPC to be working on the ‘Unsuccessful’ element. They won’t read any further than that.

granola

The word "unsuccessful" only appears at the top of the assessor's report, (Decision Unsuccessful) and on a button at the top of the POPLA web site page which contains the assessment (a cross and the word unsuccessful). It does not figure in the narrative.

The assessor states:

The appellant’s case is that the Notice to Keeper is not compliant. He says the operator has not complied with the British Parking Association Code of Practice. He explains that the signage is not prominent, clear or legible and lastly no evidence of landowner authority.

At the bottom of her rational (sic, as you say), the assessor says the operator has not complied with PoFA requirements so she must allow the appeal.

About the other grounds of appeal, she explains: "However as I have allowed the appeal on the above basis, I have not considered them."

I received the email saying the decision had been made a week ago last Friday, but only opened it today.

Nothing has (yet) come from the PPC since then.

The assessor's rational says:

The operator has provided photographic evidence of the terms and conditions, which state “£100 Parking Charge Notice may maybe issued to all vehicles which: Fail to purchase a valid ticket, voucher or permit”. The operator states it issued the Parking Charge Notice (PCN) as the appellant failed to make a valid payment. The Automatic Number Plate Recognition (ANPR) camera has captured the appellant’s vehicle entering site at 13:10 and exiting at 14:59, totalling a stay of one hours and 49 minutes. Within the appellant’s response, he states the Notice to Keeper is not compliant. As the appellant in this case has not been identified as the driver, I must consider if the operator has met the requirements of PoFA in its attempt to hold them, as the registered keeper, liable for the charge. The operator has provided a copy of the PCN issued to the appellant Schedule 4 of the PoFA, Paragraph 9 states: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver,”. In this instance, I can see the PCN states “You are warned that if, after 28 days, the Parking Charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the Parking Charge from the registered keeper”. As a result, the Notice to Keeper does not state the correct timescale. Therefore the operator has not complied with the requirements of PoFA in attempting to transfer liability to the keeper, meaning the PCN has not been issued correctly. I must allow the appeal. I note the appellant has raised additional grounds of appeal; however as I have allowed the appeal on the above basis, I have not considered them.

Umkomaas

That’s a pretty definitive statement from the assessor - and pretty rational (no sic this time!). Hopefully that’s the end of it. Keep that adjudication safe.

Coupon-mad

Great, exactly as predicted, on the issue predicted!

The only problem you will have is POPLA have recorded it wrongly, so I would email POPLA if I were you and tell them they have made a significant admin error and if they can't adjust it please can they confirm in writing by email that the POPLA decision was clearly in your favour and should have been changed to 'successful'.

Do that now, so that if Britannia send some old guff you can show them POPLA erred in the heading, but have confirmed that the decision did go in your favour.

granola

Thanks both. I'll do as Coupon-Mad suggests tonight. Meantime, where do I find the POPLA decision sticky for my synopsis. I have POPLA decisions bookmarked, but that is probably the wrong place to go.

granola

I have sent a message to the assessor asking her to change the result of the adjudication, or, if unable to do so, send me an email saying I was successful. I copied the last bit of her adjudication to remind her about what she had written.

Umkomaas

granola wrote: »

Thanks both. I'll do as Coupon-Mad suggests tonight. Meantime, where do I find the POPLA decision sticky for my synopsis. I have POPLA decisions bookmarked, but that is probably the wrong place to go.

One page back from this one. Use either the ‘Forum Jump’ button on this page or the ‘Back’ button alongside the URL line at the very top of this page (<), then it’s one of the 4 ‘sticky’ threads cunningly ‘stuck’ to the top of the forum thread list.

granola

Thanks, Umkomaas.

This from POPLA confirms I was successful and that their website has been amended.

"Thank you for your email,

After looking at this I can see that your appeal has been allowed and the online website was amended.

I have arranged for a copy of the full decision to be sent in the post.

Kind Regards"

As always, grateful for your guidance and care.

Coupon-mad

That's amazingly rare for POPLA. I thought they'd say something daft like 'actually we can't change it'!