Successful POPLA appeal vs. Britannia Parking Ltd @ Portswood Centre, Southampton

notaskyofearth

Hi everyone,

I'm pleased to report that a recent POPLA appeal has been successful, by virtue of not being contested by the PCC.

From POPLA:

"Britannia Parking Group have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge."

I have a redacted copy of the appeal which I'm happy to share in case it is of help to others. It's a PDF but I'm not able to share links here. Perhaps a more established member could do so on my behalf (PM me if so)? Please note I compiled this hastily so it's no doubt inexpert and may contain errors. It was based on a template and advice from this forum, however, and seems to have done the job.

Basically, I decided to lead with "No Evidence of Landowner Authority" as Britannia are no longer under contract there and the current agent confirmed via email that they are in the process of bringing in a new PCC to issue PCNs for the site.

I'm very grateful to the users on here for the advice they gave.

Best of luck to others,

Notaskyofearth

MistyZ

Great result, well done!

So glad you posted this, a link to it has already been provided to a fellow victim of Britannia at this car park. I think it would be good to see your appeal. You say it was hastily compiled but it was successful. It's as well you mentioned that though as POPLA is fickle so folks may want to improve your best bits still further to maximise their chances of success.

Fruitcake

Well done and thank you for letting us know the result.

In my humble opinion, whenever a case fails on lack of landowner authority, I believe complaints to the DVLA should be made, and BPA where appropriate.

If the scammers really had a contract then they would show it, wouldn't they? By not showing said contract any right thinking person would believe on the balance of probabilities that no such contract exists. That being the case, the scammers had no business obtaining keeper details from the DVLA.

Umkomaas

Fruitcake wrote: »

Well done and thank you for letting us know the result.

In my humble opinion, whenever a case fails on lack of landowner authority, I believe complaints to the DVLA should be made, and BPA where appropriate.

If the scammers really had a contract then they would show it, wouldn't they? By not showing said contract any right thinking person would believe on the balance of probabilities that no such contract exists. That being the case, the scammers had no business obtaining keeper details from the DVLA.

+1+1+1

Absolutely. I’ve always campaigned for this. Unfortunately, it seems that once the motorist is off the hook, they’ll do no more to assist the cause. Pull up the ladder, Jack, I’m alright now!

notaskyofearth

Thanks all, yes happy to share it. I'll PM you a dropbox link MistyZ - it says I'm too new to post links but maybe you can put it up on this thread or at the very least share with the person you mentioned.

I'll also make a complaint to the DVLA as you suggest Fruitcake. I live in Swansea so it feels like a requirement

Will shoot something off to BPA also.

beamerguy

Fruitcake wrote: »

Well done and thank you for letting us know the result.

In my humble opinion, whenever a case fails on lack of landowner authority, I believe complaints to the DVLA should be made, and BPA where appropriate.

If the scammers really had a contract then they would show it, wouldn't they? By not showing said contract any right thinking person would believe on the balance of probabilities that no such contract exists. That being the case, the scammers had no business obtaining keeper details from the DVLA.

Totally agree ..... the DVLA seem to support the scammers like Britannia .... deaf ears ?

The saving grace for the OP is that they won't be scammed by the BWLegal mobsters, doubt they would not know the difference between this fake claim and a real claim:eek:

MistyZ

Here we go:

https://www.dropbox.com/s/i98dchg8u2zbiy2/POPLA%20Appeal%20%28redacted%29.pdf?dl=0

forgotmyname

Well done, how long did your appeal take?

Currently around 20/21 days here since our appeal, no evidence showing yet
and no contact from POPLA except the intial appeal received email.

Fruitcake

MistyZ wrote: »

Here we go:

https://www.dropbox.com/s/i98dchg8u2zbiy2/POPLA%20Appeal%20%28redacted%29.pdf?dl=0

That's a cracking appeal.

Since the scammers are operating on private land without permission, sending NTKs is in my opinion the same as demanding money with menaces. It is fraud. This should be highlighted to both the BPA, DVLA, Trading Standards, MPs of any and all victims, as well as local and national press.

Whilst the new owners may not be involved, they should also be encouraged to complain and take action themselves as a scammer is operating on their property with their knowledge, thus dragging down their good name.

notaskyofearth

forgotmyname wrote: »

Well done, how long did your appeal take?

Currently around 20/21 days here since our appeal, no evidence showing yet
and no contact from POPLA except the intial appeal received email.

It took 20 days for mine to come through - around 12 working days with the Bank hols included. POPLA emailed me at the same time as updating the status of the appeal so you should know right away. Hopefully it will arrive soon for you.

notaskyofearth

Fruitcake wrote: »

That's a cracking appeal.

Since the scammers are operating on private land without permission, sending NTKs is in my opinion the same as demanding money with menaces. It is fraud. This should be highlighted to both the BPA, DVLA, Trading Standards, MPs of any and all victims, as well as local and national press.

Whilst the new owners may not be involved, they should also be encouraged to complain and take action themselves as a scammer is operating on their property with their knowledge, thus dragging down their good name.

Thanks Fruitcake. I will definitely flag up with all the various parties you mention. I have a contact with a local newspaper. If anyone knows of any journalists working for the national press who might be interested, feel free to point me in their direction.