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Upside down Fluttered ticket in private car park

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  • Updated intro
    A notice to keeper was issued on 29/10/2019 and received by me, the registered keeper of xxxxx on 1st November 2019 for an alleged contravention of ‘BREACH OF THE TERMS AND CONDITIONS OF USE’’ at Seven Sisters Market. I am writing to you as the registered keeper and would be grateful if you would please consider my appeal for the following reasons.
  • Updated redacted: docs.google.com/document/d/1k0c-rNZ0IpEpzD7TB1S0UVme7S8FUti3vlRngyHXNqg/
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes that's about everything, get it uploaded to POPLA as a PDF under 'OTHER' and make sure you see the little 'bin' icon to show the PDF has been successfully uploaded before you hit 'next' or 'submit'.

    The POPLA Appeal system is odd. You can't see or check what PDF you have attached, once it is attached, but just make sure you do attach the right one before submitting!
    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 THREAD
  • Appeal submitted. Thanks for your help!
  • user_1940
    user_1940 Posts: 22 Forumite
    Decision Successful
    Assessor Name Adele Ditchfield

    Assessor summary of operator case
    In this case the operator has not submitted any evidence within the 21 days allowed, to show why it issued a Parking Charge Notice (PCN) to the appellant.

    Assessor summary of your case
    I note the appellant has submitted grounds of appeal. However, as the operator has not given evidence within the time frame allowed, I do not need to consider the appellants’ submitted information in order to reach a decision about this appeal.

    Assessor supporting rational for decision
    POPLAs remit is to assess whether a PCN has been issued correctly, in accordance with the terms and conditions of parking displayed on the signage at a site. When assessing a charge the burden of proof initially lies with the operator. It must provide evidence of the terms and conditions of the parking site, how the driver was made aware of the specific parking conditions, how the terms of the parking contract were breached, and how the appellant was made aware of the charge. As the operator has not submitted a case file or evidence within the 21 day period allowed, I am unable to assess the validity of the charge. I note the appellant has submitted their reasons of appeal, however I have no need to consider this information. I cannot assess the validity of the charge and therefore I consider it was issued incorrectly and allow this appeal.

    Woo! Saved £100. Hopefully someone will find my popla appeal useful (although it looks like the parking company didn't even bother responding).
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jolly good!
    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 THREAD
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