privateparkingsolutions appeal - issues getting POPLA code

massop

Hi guys,

I finally got the POPLA code almost 40 days later.

Before I start putting my case together is there anything specifically I should put in there?

Thanks

Umkomaas

is there anything specifically I should put in there

You need to read through the NEWBIES FAQ sticky, post #3 which covers the main points a POPLA appeal should include.

The first thing you should consider is whether the initial paperwork from the PPC sufficiently meets PoFA requirements to hold the keeper liable, if it doesn't and there has been no identification of the driver, then this can be a killer blow to the PPC's case.

massop

Umkomaas wrote: »

You need to read through the NEWBIES FAQ sticky, post #3 which covers the main points a POPLA appeal should include.

The first thing you should consider is whether the initial paperwork from the PPC sufficiently meets PoFA requirements to hold the keeper liable, if it doesn't and there has been no identification of the driver, then this can be a killer blow to the PPC's case.

I have spent hours searching the forum for similar cases and it seems the way forward is to lead with the below grounds for dismissal of ticket.

1) Insufficient signage that is not clear and legible
2) Keeper liability
3) The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
4) No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

Below is the official letter from the PPC, I read through both "Protection of Freedoms Act 2012" & "BPA CoP" but I couldn't find anything obvious that I can use against them from this letter.

Dear XXX, 19/12/2018
Re: Parking Charge Notice Number XXX
We have reviewed the points you raised in your appeal. Unfortunately, on this occasion, your representation has been rejected,
as the vehicle was parked in contravention of the Conditions of Use.
Parking on this site is only for the vehicles that are parked in accordance with the site instructions, as detailed on signage on site;
the signage is clear, in excess of industry standards, stating:

TESCO CUSTOMER CAR PARK
PARKING FOR USE ONLY WHILST USING SITE FACILITIES

Parking at this car park is for the sole purpose of shopping at Tesco. According to the evidence, at the time of this parking event,
this particular store is temporarily closed because of a renovation, therefore, the car park cannot be used for its intended
purpose. As such, I conclude that the Parking Charge Notice has been issued correctly.
Ultimately, it is a driver’s responsibility to read the signs and act in accordance with the terms and conditions applicable to the
site.
To avoid incurring further administration cost, please arrange your remittance of £60 within 14 days from the date above (we
reset the clock). Please note that after this time the Parking Charge Notice will rise to £100.00 if you pay within 28 days and to
£160 once we pass the details of your case to debt Recovery Company.
You have now reached the end of our internal appeals procedure. You can make an appeal to POPLA - The Independent Appeal
Service by completing appeal form online on http://www.popla.co.uk within 28 days.
Verification Code: XXX
By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be
competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, as explained above.
Please, note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00, and should POPLA’s
decision not go in your favour you will be required to pay the full amount of £100.00

HXXX PXXX

PRIVATE PARKING SOLUTIONS (LONDON) LTD
Register Address: Office 36, 88-90 Hatton Gardens, London EC1N 8PN

Telephone: XXX Mobile: XXX/XXXE-Mail:info@privateparkingsolutions.co.uk https://www.privateparkingsolutions.co.uk

Company Registration Number: 07437253 Registered in England

As I understand I will have a limit of 2000 characters when I first submit my appeal to POPLA, Do I just state the 4 points above with a short description of why I feel that way?

Sorry for the n00b ish questions, I have read through the guide 10 times over but each case seems to be somewhat unique.

Thanks

KeithP

massop wrote: »

As I understand I will have a limit of 2000 characters when I first submit my appeal to POPLA...

Having read post #3 of the NEWBIES FAQ sticky thread, my understanding is different.

Here is a short extract from that post:

These then get saved as PDFs and uploaded to POPLA under OTHER (ONLY) - do not think you only have 2000 characters in some box on the POPLA wepage!

As an aside, why are you using 'code' tabs?
It makes it very difficult to read - or is it just me?

Fruitcake

If you are appealing as keeper, why have you revealed the driver's identity in your opening post?
Scammers read these fora and have been known to link them to a motorist to use at appeal stage and in court.

massop

Fruitcake wrote: »

If you are appealing as keeper, why have you revealed the driver's identity in your opening post?
Scammers read these fora and have been known to link them to a motorist to use at appeal stage and in court.

Good point, thanks.

Fixed

Fruitcake

http://i568.photobucket.com/albums/ss125/massop/Tesco%20-%20Parking%20sign_zpsmtzaovqo.jpg

http://i568.photobucket.com/albums/ss125/massop/image_490166_zpssownmrp7.jpg

http://i568.photobucket.com/albums/ss125/massop/image_490167_zpst2hafbqp.jpg

Fruitcake

How long was the car on site? Grace periods may come into play.

Frustration of contract. The driver parked in accordance with the signage but was unable to use the facilities on site, therefore there was no offer to the driver to shop in exchange for using the car park, or words to that effect.

Have you contacted the store manager and/or CEO? Forget customer services, they won't have a clue.

Have you complained to your MP yet?

massop

Fruitcake wrote: »

How long was the car on site? Grace periods may come into play.

Frustration of contract. The driver parked in accordance with the signage but was unable to use the facilities on site, therefore there was no offer to the driver to shop in exchange for using the car park, or words to that effect.

Have you contacted the store manager and/or CEO? Forget customer services, they won't have a clue.

Have you complained to your MP yet?

I went to the store in question and spoke to the store manager directly after customer services let me down. The store manager gave me the "Its entirely out of my hands" bullcrap.

I have to assume he probably gets something on the side from this scam..

Anyway, in regards to contacting local MP I have not done this but will look into it now.

Thanks

massop

Just an update, I got the final decision today and it was successful based on the fact they could not prove (The criminals) the parking contract was enforced, see response below

Assessor summary of reasons:

 The appellant has raised several grounds for appeal. However, my findings will focus on the terms and conditions as this ground has persuaded me to allow the appeal.

The operator has provided a PCN for vehicle registration XXXX as the vehicle was parked on site, however the appellant did not use the facilities.

Upon reviewing the evidence, the operator has not provided any evidence to support the appellant did not use the facilities on the site.

The operator has only provided photographic evidence of the vehicle however, it is empty.

I would expect the operator to provide clear evidence that the appellant breached the terms and conditions of the site.

Ultimately, the burden of proof lies with the operator to evidence that a parking contract was formed and that the motorist failed to comply with the terms and conditions of the contract.

In the absence of this evidence, I cannot establish that a contract has been formed between the driver and the operator.

As such, I cannot conclude if the PCN was issued correctly or not.

I have not considered any other grounds for appeal, as they do not have any bearing on my decision.

Accordingly, I must allow this appeal.