Help with POPLA operator evidence comments

macleaver · 12 March 2018 at 9:33AM

Help with POPLA operator evidence comments - I have received an unsuccessful decision from POPLA, however, reading their comments I am now confused, as they finish by saying they must allow this appeal, see below. Anyone have any advice on how to proceed with this one?? Thanks

While I note that the appellant has raised a number of grounds of appeal, my report will focus solely on signage as this supersedes other aspects of the appeal. I refer to Section 18.1 of the British Parking Association Code of Practice, which outlines to operators: !!!8220;The driver!!!8217;s use of your land will be governed by your terms and conditions, which the driver must be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are!!!8221;. Further, Section 18.3 states: !!!8220;You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle!!!8230; signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand!!!8221;. In response to this appeal, the operator has provided several photographs of the signage at the site. While I am satisfied that the operator has provided sufficient evidence of the terms and conditions, I am not satisfied that the operator has demonstrated the location and the distribution of the signs. As such, I am unable to determine whether the appellant was presented with a reasonable opportunity to review and comply with them. Therefore, I cannot conclude that the PCN was issued correctly. Accordingly, I must allow this appeal.