Metrolink Care Parking appeal

gerbs

done that now

gerbs

Interestingly, in my appeal to Care Parking I put that it was railway land and therefore not relevant land, but in my POPLA appeal put that the land is owned by TfGM and is under statutory control and therefore is not relevant land.
The adjudicator says that the land is owned by TfGM not Network Rail, and as Care Parking have a contract with TfGM they can pass liability to keeper under POFA - ie references my earlier appeal to the claimant but not my point in the POPLA appeal.

Coupon-mad

Still under statutory control IMHO - POPLA got it wrong, do we agree?

https://en.wikipedia.org/wiki/Transport_for_Greater_Manchester

''In the United Kingdom, passenger transport executives (PTEs) are local government bodies which are responsible for public transport within large urban areas. They are accountable to bodies called integrated transport authorities (ITAs), or where they have been formed, to combined authorities. The PTEs joined together to form the Passenger Transport Executive Group (PTEG) of which Strathclyde Partnership for Transport and Transport for London were both associate members. In 2016 it became the Urban Transport Group.''

The LGO complaint Decision in January about Kent CC allowing a PPC to scam a keeper about their liability, shows that the LGO know more about the law regarding parking on private land, and keeper liability, than POPLA do (and they are all part of the Ombudsman service). POPLA are an embarrassment recently.

See the other two complaints being done to John Gallagher at POPLA right now on here and copy what they are doing. Search the forum for:

Gallagher POPLA complain

and separately

LGO Kent report

The logic of that POPLA Assessor means he/she thinks TFL controlled streets are all 'private land' all over London! TFL or TFGM land is surely under statutory control!

Redx

I agree with CM, the METROLINK system is a mish mash of network rail infrastructure plus other stations etc

I doubt that METROLINK or TfGM can be accurate in who owns what , or who leases what , hence my comments about other threads you were told to read

I am not surprised that POPLA are confused , we all are , even TfGM are confused about this , because they have concentrated on making a tram system work over network rail and local roads under Keolis Amey , with no thought given to overall ownership or management or any of the other legal issues surrounding it , which is why the mayor and TfGM want something similar to the system in london , to include bus , rail and tram as an integrated system

currently its a right mess because its a mish mash of Network Rail , Keolis Amey , TfGM , council roads and stations etc


put the complaint in , asap, to John Gallagher , because I doubt that CARE have provided landowner contracts etc

gerbs

Thanks, complaint to John Gallagher sent.

gerbs

response received ........


Your complaint about POPLA

Thank you for your email dated 3 May 2019, which was passed to me by Mr Gallagher, Lead Adjudicator for a response as I am responsible for responding to complaints.

I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Care Parking.

It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the assessment. The decision reached is based on the information made available to the assessor at the time.
The parking operator has confirmed that the car park is privately owned, this has been confirmed in the presence of a contract with the landowner. As the land is private land the Protection of Freedom Act (PoFA) applies and the operator is permitted to recover the full amount of the charge.

If the land was governed under byelaws the charge that would have been issued would state, ‘penalty charge’. It is clear that you were issued with a parking charge notice in line with PoFA 2012.

Looking at the evidence from the parking operator there is nothing to suggest that the car park in question is governed under bylaws therefore the assessor’s decision stands.

I have reviewed the assessor’s decision and I am satisfied that the outcome reached is correct. POPLA is a one-stage process; there is no opportunity for you to appeal the decision.

In closing, I am sorry that your experience of using our service has not been positive. While I understand this is not the outcome you had hoped for, our involvement in your appeal has now concluded. We have reached the end of our process and my response now concludes our complaints procedure.

As our involvement in your appeal has now concluded you may wish to pursue matters further. POPLAs decision is not binding on the appellant, you have the right to pursue matters through alternative routes for re-dress. For independent legal advice, please contact Citizens Advice at: https://www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).

We have reached the end of our process; it will not be appropriate to respond to any further correspondence on this matter. For clarity, if you choose to send us further correspondence, it will be noted but not responded to.

gerbs

Also received my very first debt collector letter!

Coupon-mad

gerbs wrote: »

Thanks, complaint to John Gallagher sent.

Did you hit them with the evidence, the link & LGO decision?

Too late now, if not. They are wrong but you only get one go at complaint with POPLA.

gerbs

Yep, I included all of it. They either didn't read it or, .... well, not sure

Coupon-mad

I suggested to another poster that they write snail mail to Mr Gallagher. Search the forum for Gallagher letter confidential to save me posting it all again.