POPLA Pointless

spook104

So as the vehicle keeper I recently appealed 2 PCNs where the driver left and returned to the same carpark. However they were observed before they left and after they returned a simple appeal was lodged and rejected by Horizon.

Both cases were basically the same situation on different days but same carpark. No "No return" limit. Appeals were rejected by Horizon.

POPLA codes we provided and POPLA appeal was sent, both appeals were effectively the same, other than reference numbers.
Driver was never identified to either Horizon or POPLA.

Having dealt with Horizon at this carpark previously I was aware that they would send outdated information as evidence to POPLA. The carpark has been significantly redesigned, signage changed, entrance changed. I provided POPLA with links to Google Maps showing the old layout (Top View) and the streetview of the carpark layout and entrance. Horizon duly provided the outdated information and I added comments again highlighting this and the obvious problems.

Today I found that I won 1 appeal but not the other. The appeal I won, I won on the basis that Horizon hadn't sent the PCN copy. The one I lost was lost because I had identified the driver (at no point have I and I double checked. I always stated driver/keeper)

POPLA ignore any photos I sent other than those of the signage saying it supported Horizon.

Thankfully the store who use Horizon have agreed to cancel the tickets (this happened mid POPLA appeal) but it just goes to show that POPLA are less than useful

MistyZ

spook104 wrote: »

So as the vehicle keeper I recently appealed 2 PCNs where the driver left and returned to the same carpark. However they were observed before they left and after they returned a simple appeal was lodged and rejected by Horizon.

Both cases were basically the same situation on different days but same carpark. No "No return" limit. Appeals were rejected by Horizon.

POPLA codes we provided and POPLA appeal was sent, both appeals were effectively the same, other than reference numbers.
Driver was never identified to either Horizon or POPLA.

Having dealt with Horizon at this carpark previously I was aware that they would send outdated information as evidence to POPLA. The carpark has been significantly redesigned, signage changed, entrance changed. I provided POPLA with links to Google Maps showing the old layout (Top View) and the streetview of the carpark layout and entrance. Horizon duly provided the outdated information and I added comments again highlighting this and the obvious problems.

Today I found that I won 1 appeal but not the other. The appeal I won, I won on the basis that Horizon hadn't sent the PCN copy. The one I lost was lost because I had identified the driver (at no point have I and I double checked. I always stated driver/keeper)

POPLA ignore any photos I sent other than those of the signage saying it supported Horizon.

Thankfully the store who use Horizon have agreed to cancel the tickets (this happened mid POPLA appeal) but it just goes to show that POPLA are less than useful

Completely agree that POPLA often gets it wrong. Still very much worth doing though.

Just one question, this phrase: 'I always stated driver/keeper'. Do you mean you differentiated between the two and appealed as Keeper both to Horizon and POPLA?

spook104

Ah.... I see how that can be read now but no what I meant was, when I appealed I stated either 'The driver' or 'The keeper'

MistyZ

Just noticed that there was a successful landowner complaint, that's great to hear!

The_Deep

I am not sure that a "leaving site" condition is a valid term in a consumer contract. An MP recently expressed doubt about in the the House of Commons. He seemed to think that is was against your rights under the HRA.

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.