Spring Parking

34LH89

NTK arrived.

So, I was having a look at the POPLA appeals and noticed this which is incredibly relevant to the case:

For clarity, the BPA Code clearly states that
“The written authorisation must also set out:
a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined

Is it the case that the keeper would appeal and state the above, or should this contract (or lack of) be obtained either online or directly from Spring, before appealing.

This appeal was from 2016 I think so may be out of date, and I can't work out whether the person obtained or tried to obtain it from the PPC, or whether he contested it as part or his appeal in the expectation they couldn't provide it.

Hope that makes sense!

Fruitcake

Some form of landowner authority will (should) be produced at the operator's response to a PoPLA appeal (provided that landowner authority was challenged in the PoPLA appeal submission).

Sometimes all the PPC provides is a letter or a statement saying they have landowner authority, and the PoPLA assessor invariably accepts this as proof.

The only way to get a copy of a landowner contract is by asking the landowner or at the witness statement stage of a court claim.

Use all the appeal points available to you from the third post of the NEWBIES.

These will normally include,
Not the landowner
No standing to issue charges in their own name
Inadequate signage (include photos)
PoFA failures
BPA CoP failures.
Anything else relevant.

Have you checked whether or not the wording of the NTK is PoFA compliant and capable of holding the keeper liable?

Post your draft appeal here for checking before you submit it.

34LH89

Hi all

Quick question - I'm on day 14 post PoPLA appeal, which I believe can run to 21 days (so another week).

Is there a 'normal' turnaround time or do these usually go to the full 3 weeks?

Coupon-mad

Are you asking how long POPLA takes? You put your appeal in and the PPC has 21 days to respond with an evidence pack...or to give up and withdraw!

Might take another week beyond that until you get an email inviting you to comment (but you know about POPLA Comments stage already as that's fully covered in the NEWBIES thread).

34LH89

Coupon-mad said:

Are you asking how long POPLA takes? You put your appeal in and the PPC has 21 days to respond with an evidence pack...or to give up and withdraw!

Might take another week beyond that until you get an email inviting you to comment (but you know about POPLA Comments stage already as that's fully covered in the NEWBIES thread).

I suppose I was trying to ask 'as it's been 14 days, do you think I'm in the clear yet' but I guess that's not until day 22.

Umkomaas

34LH89 said:

Coupon-mad said:

Are you asking how long POPLA takes? You put your appeal in and the PPC has 21 days to respond with an evidence pack...or to give up and withdraw!

Might take another week beyond that until you get an email inviting you to comment (but you know about POPLA Comments stage already as that's fully covered in the NEWBIES thread).

I suppose I was trying to ask 'as it's been 14 days, do you think I'm in the clear yet' but I guess that's not until day 22.

Nothing is as black and white as 'in the clear' at this stage. Do you know on what date POPLA forwarded your appeal to the PPC?  If you do not know that, there's little point in counting 21 days. 

POPLA will inform you of where this goes in their own time. They won't unnecessarily delay letting you know, but a missed deadline date doesn't trigger an automatic cancellation. 

34LH89

Hello again!

Quite a wait but nonetheless

SUCCESSFUL AT POPLA APPEAL:

Decision

Successful

Assessor Name

Assessor summary of operator case

The operator’s case is that the motorist did not clearly display a valid permit.

Assessor summary of your case

For the purpose of my report I have summarised the appellant’s grounds into the following points, and have checked each point before coming to my conclusion. The appellant says that: • the signage is insufficient. • the site’s boundary is unclear. • there isn’t any evidence of the operator’s authority to issue Parking Charge Notices (PCNs) on the land. • the motorist was not allowed a grace period. • the notice to keeper does not meet the requirements of the Protection of Freedoms Act 2012. After reviewing the operator’s evidence, the appellant has provided comments. To support their appeal, the appellant has provided images and various links within their appeal document. The above evidence has been considered in making my determination.

Assessor supporting rational for decision

From the evidence the operator has provided, I can see that the operator is pursuing the appellant as the keeper of the vehicle. As the driver of the vehicle has not been identified, the provisions laid out in the Protection of Freedoms Act 2012 (PoFA 2012) will need to be followed in order to transfer liability from the driver of the vehicle to the keeper of the vehicle. Within their appeal, the appellant has indicated they are the keeper of the vehicle. In response to this, the operator has begun to pursue the appellant for the unpaid parking charge. The operator has not made reference to PoFA 2012 and it has not provided any evidence to show that a notice to keeper has been issued. As the notice to keeper has not been provided, I am unable to determine whether the parking operator has followed the correct process to allow it to pursue the keeper of the vehicle for the unpaid parking charge. There is no evidence provided to suggest that the operator has made a request for keeper details to the DVLA. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is liable for the parking charge. While I acknowledge the appellant’s grounds of appeal, addressing them will not have any bearing on my decision. Accordingly, the appeal is allowed.

Coupon-mad

"The operator has not made reference to PoFA 2012 and it has not provided any evidence to show that a notice to keeper has been issued."

Hilarious that some PPCs are so incompetent!

See you for the vital private parking  Public Consultation, discussed here soon I am sure.  Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!