Incorrect signage?

Coupon-mad

I consider that a procedural error may have occurred, which may change the outcome of the initial decision reached.

As such, I will complete a full review of your case and respond to you within the next 10 working days.

Getting somewhere..well done so far!

scamdodger

The glimmer has gone out.

One day after being advised that my case would be 'fully reviewed' for any procedural error, I have received the following;

[FONT=&quot]'Your parking charge Appeal against [/FONT][FONT=&quot]Parking Eye Ltd.[/FONT]

[FONT=&quot]Thank you for your patience while we considered the information provided for this Appeal.[/FONT]

[FONT=&quot]We have now reached the end of our investigation process and the decision can be found on the portal.[/FONT]

[FONT=&quot]Yours sincerely...'[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Upon visiting the portal, I discover that nothing has changed; appeal unsuccessful, same decision date.
I presume this may mean that the original decision stands, yet there is nothing else to support the notion that my complaint was considered - no reason given and no feedback whatsoever.
I have immediately queried this, but I rather suspect that I may be ignored from this point onwards.[/FONT]
[FONT=&quot]Hardly a transparent procedure.
[/FONT]

Umkomaas

See whether there's an update tomorrow.

Coupon-mad

Email back and say you are disappointed that so far, the Portal has not been undated to show your successful appeal after all. Given the lack of landowner authority it was always nailed on so when are they going to update the Portal? Or are POPLA saying they were sent something you were not?

scamdodger

All quiet on the POPLA front. No response to yesterdays email and no change to the decision on the portal.
I think I have read elsewhere that they go into ignore mode if you continue to question them.
I can understand POPLA are not interested in email ping pong, but it seems a bit wrong if you are not given any reason for their rejection of a complaint; just referred back to the original decision.
Are they actually answerable to anyone??

scamdodger

Despite the fact that the appeal portal has still not been updated, I have just received a letter from POPLA stating the Appeal is Allowed.:T

This is great news and shows that I did the right thing to complain about a 'procedural error'.

The salient part of the review said;
"For me to be able to categorically state that the operator has the authority granted to it to enforce parking on this land, I would have expected to have been provided with a copy of a redacted contract or witness statement. Having viewed the operator's evidence pack it has not provided any evidence of either. As such I am unable to determine that on the date of the event that the operator was authorised to issue PCN's to motorists, and am unable to conclude that the parking charge has been issued correctly.....

....Accordingly the Appeal is Allowed."

Thanks to all, especially CM, for your help :A

Coupon-mad

Yay!


Can you post that also in POPLA DECISIONS near the top of the forum, with a link back to this thread, so people can see a rare U turn by POPLA (I can count on one hand the examples of that we've seen!).

:T

scamdodger

Thanks CM. I have done as asked.
PE slipped up in not providing landowner authority evidence when challenged. This is a useful thing to add into any defence. Mine majored on signage, but I'm glad I included this and other points.

scamdodger

Having forwarded a copy of my successful POPLA appeal to Parking Eye on May 4th, I emailed to ask if they would confirm that the matter was now closed.
Needless to say, PE played it to the wire - still no response to my email, although yesterday (18th May) the payment portal finally changed from £100 owing to 'There is no amount outstanding for this parking charge'. Thanks a bunch PE!

This whole sorry business has gone on for 5 months and has taken a lot of time and effort. But I'm glad it ended up successfully. It's not about the money, it's the principle. Unfortunately too many people are intimidated and just pay up.

OK I'll stop now, I know I'm preaching to the converted!
:grouphug::grouphug:

Coupon-mad

Nice post script. :T

If you still have energy, send your story to Sir Greg Knight to show him that POPLA is broken and tell him, during the reading of his Bill, he can use your story as an example of the hoops that consumers are currently expected to jump through, to escape private parking scammers.