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Error in POPLA Decision
Pixee67
Posts: 2 Newbie
Hi
Can anyone help?
I received a parking charge in October 2017 for an incident that occurred in May 2017 after parking in a supermarket car park. I did not receive a ticket on the day, the first I knew about overstaying at the carpark was 5 months after the event.
I argued that five months is an unreasonable time between incident and issuing a parking charge notice. I appealed to POPLA, and in doing so the claimant submitted documentation which indicated that their contract with the supermarket commenced in June (or so), at least a month after I'd used the car park.
My submission to POPLA based on the unreasonable timescales from incident to notification and the requirement under the Road Traffic act (not applicable here but in principle the notification should have been issued within a month), and then the contract not being in force with the car park management company.
I believe that POPLA have made an error and raised this with them, however, their decision that I should pay stands. I disagree.
The parking management company are chasing me for payment, but I wrote to them asking for time to investigate, they are threatening referral to a credit reference agency. Should I pay "under protest" and continue to argue i.e. I'm planning to write to the supermarket chain and have written to POPLA asking for a copy of the documents that I no longer have access to on the POPLA portal.
The documents have the information regarding the contract between the parking management company and the supermarket. I'm alarmed that POPLA would not consider the contract and believe that they have made an error, the decision seems to go against the rule of law. How long will I have to secure a response from the supermarket before the parking management company can refer the parking charge to a credit reference agency, solicitors and court?
The relevant section of the POPLA decision is "She says that a notice to keeper is expected to have been issued within 14 days. I note the appellant’s comments however, as the appellant has named herself as the driver of the vehicle, the operator has up to six years to pursue the charge under the Limitation Act. Accordingly, the appellant’s ground of appeal has no bearing on the validity of this PCN."
In response to my query regarding the contract, the following extract was e-mailed by POPLA: "After the review of the operator’s evidence pack you supplied some further comments. You highlighted some discrepancies that you found in the contract offered by the parking operator. The other comments given supported your original appeal but were expanded upon.
It should be noted that the assessor would not have addressed any of the additional points raised after you reviewed the operator’s evidence pack as this is not our process. POPLA is only able to comment on the original grounds and evidence submitted in fairness to both parties in the dispute. I apologise that the assessor did not address this point within their assessment."
Do I accept this?
Kind regards
Pixee67
Can anyone help?
I received a parking charge in October 2017 for an incident that occurred in May 2017 after parking in a supermarket car park. I did not receive a ticket on the day, the first I knew about overstaying at the carpark was 5 months after the event.
I argued that five months is an unreasonable time between incident and issuing a parking charge notice. I appealed to POPLA, and in doing so the claimant submitted documentation which indicated that their contract with the supermarket commenced in June (or so), at least a month after I'd used the car park.
My submission to POPLA based on the unreasonable timescales from incident to notification and the requirement under the Road Traffic act (not applicable here but in principle the notification should have been issued within a month), and then the contract not being in force with the car park management company.
I believe that POPLA have made an error and raised this with them, however, their decision that I should pay stands. I disagree.
The parking management company are chasing me for payment, but I wrote to them asking for time to investigate, they are threatening referral to a credit reference agency. Should I pay "under protest" and continue to argue i.e. I'm planning to write to the supermarket chain and have written to POPLA asking for a copy of the documents that I no longer have access to on the POPLA portal.
The documents have the information regarding the contract between the parking management company and the supermarket. I'm alarmed that POPLA would not consider the contract and believe that they have made an error, the decision seems to go against the rule of law. How long will I have to secure a response from the supermarket before the parking management company can refer the parking charge to a credit reference agency, solicitors and court?
The relevant section of the POPLA decision is "She says that a notice to keeper is expected to have been issued within 14 days. I note the appellant’s comments however, as the appellant has named herself as the driver of the vehicle, the operator has up to six years to pursue the charge under the Limitation Act. Accordingly, the appellant’s ground of appeal has no bearing on the validity of this PCN."
In response to my query regarding the contract, the following extract was e-mailed by POPLA: "After the review of the operator’s evidence pack you supplied some further comments. You highlighted some discrepancies that you found in the contract offered by the parking operator. The other comments given supported your original appeal but were expanded upon.
It should be noted that the assessor would not have addressed any of the additional points raised after you reviewed the operator’s evidence pack as this is not our process. POPLA is only able to comment on the original grounds and evidence submitted in fairness to both parties in the dispute. I apologise that the assessor did not address this point within their assessment."
Do I accept this?
Kind regards
Pixee67
0
Comments
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Can you please think about editing your post.
I decided that great slab of words just wasn't worth the effort.
A few paragraphs would be nice.
Help others to help you.
0 -
I couldn't spend time reading all that wall of text either.
4 of 5 paragraphs please!
No.Should I pay under protest and continue to argue
I am picking up that this was a ParkingEye Golden ticket (5 months after the event) and you blew it by appealing as the driver. OUCH OUCH OUCH. So damn easy to have won!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
It may also be useful to post up the POPLA decision so we can try and understand their thinking.0
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Is anyone aware of the Protection of Freedoms Act 2012?
I recently discovered that this legislation covers parking enforcement companies.
It states that a notice to keeper must be issued within 14 days, (where a notice to driver - issued to the driver/vehicle at the time of parking, has not been issued).
I cannot understand why POPLA did not use this to void the parking notice, am I missing something?0 -
Is anyone aware of the Protection of Freedoms Act 2012?
I recently discovered that this legislation covers parking enforcement companies.
It states that a notice to keeper must be issued within 14 days, (where a notice to driver - issued to the driver/vehicle at the time of parking, has not been issued).
I cannot understand why POPLA did not use this to void the parking notice, am I missing something?
We live, eat and breathe POFA on this board.
If you didn't mention it to POPLA then they won't consider it. Read Coupon Mads comment above. You had what is known as a "Golden Ticket".0 -
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
Hospital car parks and residential complex tickets have been especially mentioned.
The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.You never know how far you can go until you go too far.0 -
POFA is irrelevant in your caseIs anyone aware of the Protection of Freedoms Act 2012?
I recently discovered that this legislation covers parking enforcement companies.
It states that a notice to keeper must be issued within 14 days, (where a notice to driver - issued to the driver/vehicle at the time of parking, has not been issued).
I cannot understand why POPLA did not use this to void the parking notice, am I missing something?
They had no need to pursue the keeper under POFA as they were dealing with the driver!!0
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