Parking Fine reversed

Rks2022

Fine reversed by issuer after submitting to POLA:

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Rks2022

I used the poor signage around the car park as well as , no indication of period i was there so :

2. As Such the following grace period was not given as stated in the BPA code of Practice.

13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.

The PCN does not mention the period of parking as required by POFA 2012.

 

I also do not believe there is no contract with the landowner/occupier that entitles GEMINI Parking Ltd to levy these charges and therefore it has no authority to issue parking charge notices (PCNs).

 

3.      Does the operator have written authorisation of the land owner to carry out all aspects of the car park management ? I quote :

7.1 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 site 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.

 

4.     As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. This applies regardless of when the first appeal was made because the fact remains I am only the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party.

 

Coupon-mad

Great stuff!

Could you add your success to POPLA DECISIONS (top of the forum) and state which PPC you beat, please?

Umkomaas

Is this linked to your other thread?
https://forums.moneysavingexpert.com/discussion/6388048/bpa-code-of-practice-pofa/p1

If so, when posting in the POPLA Decisions Announcement, could you put a link to both this thread and to your other one so the full backstory can be digested please.

Rks2022

Hi i thought I had posted in the correct section , 
when i go the decisions section i can see where i can create new post , only see a reply button.

Le_Kirk

Rks2022 said:

Hi i thought I had posted in the correct section, when i go the decisions section i can see where i can create new post , only see a reply button.

Did you mean discussions section?  Did you mean you cannot see where to start a new post.   Top of every page is a large red box marked Create Post.  Can you see that?

KeithP

Rks2022 said:

Hi i thought I had posted in the correct section , 
when i go the decisions section i can see where i can create new post , only see a reply button.

Yes, @Umkomaas meant for you to post a reply on that 'decisions' thread.

Coupon-mad

Rks2022 said:

Hi i thought I had posted in the correct section , 
when i go the decisions section i can see where i can create new post , only see a reply button.

As I already said:

"POPLA DECISIONS (top of the forum)".

You know how to hop off your thread to get back to page one.  You've been there before.  But as a reminder, the place to click to hop straight there is shown under every post I make.

Look at the words below.