Aire Street, Leeds

Todd_J_Bonzalez_the_Third · 19 January 2020 at 10:49PM

Success on this one, on grounds of authority to issue tickets. Thanks to all on here who provide expertise/advice and hopefully this is of use to others.

From POPLA decision: "The appellant says that the parking operator does not have the relevant authority to issue charges at the site. Further, they say that the signage is unclear and not compliant with the BPA Code of Practice. Within their appeal the appellant has indicated that they do not feel that the parking operator has the authority to issue enforcement at the site. They have asked to see evidence of a contract with the landowner to ensure that the required authority has been granted. As the appellant is questioning the operator’s capacity to issue charges at the site, I must consider this in conjunction with the BPA Code of Practice. Section 7.1 of the BPA Code of Practice states, “If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the car park that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges”. My observations extend beyond checking documentation; it includes consideration of the fact that there is equipment, signage and on occasion personnel on site. On the balance of probabilities, parking enforcement cannot happen without the landowner’s authority. However, the parking operator has failed to supply POPLA with a valid contract with the landowner, so it is not possible to establish if a contract is in place allowing it to issue charges at the site. Based on the information supplied by the parking operator in this case I am not satisfied that it meets with the minimum standards set out by the BPA Code of Practice and is compliant. I note that the appellant has other grounds within their appeal, I do not feel that the additional grounds require any further consideration based on the assessment made. I am not satisfied that the charge has been issued correctly. As such, I must allow this appeal."