POPLA appeal outcome overturned by Parking Operator

ParkyMcpark

I was recently successful in an appeal to POPLA and got the standard notification of the success of my appeal including the following wording:

"As POPLA has now reached it’s final decision our involvement in your appeal ends. The result of your appeal is binding on the parking operator, meaning they must comply with our decision. There is no further appeals process available to either party"

However, I have today received an email from POPLA saying they are re-opening the appeal stating:

"We have received a complaint from the Parking Operator where they have highlighted that our assessor has missed a key piece of evidence which resulted in them allowing the appeal.

POPLA’s role is to consider all information and evidence presented by both parties for us to reach an outcome of an appeal. As a complaints handler, it is my role to determine if the assessor has followed the POPLA process and our procedures in place and I am satisfied that the assessor has failed to do so in this instance. Therefore, we will be rolling this case back for re assessment given that a procedural error has been made."

Surely they can't do this? The notification of the outcome of the appeal unequivocally states that the appeal has ended and is binding on the appeal operator. It appears to me that the Parking Operator has, to all intents and purposes, appealed the outcome of the appeal and succesfully overturned the decision. I can't find any basis in the rules or procedures of POPLA that allow them to do this and the original email is entirely unequivocal that the appeal is over and a binding decision has been reached.

For me it is irrelevant whether the Parking Operator's complaint is valid or not. It is does not seem to be a valid outcome of a complaint for POPLA to re-open the appeal. Rather if either side had a valid complaint about the handling of the appeal then POPLA should be compensating that side only, not re-opening the appeal proceedings.

Any advice would be greatly appreciated.

Half_way

What is the background to this?

car park location?

type of car park  - residential, pub, shopping centre, railway station, stand alone shop, eslewhere?

 reason why a parking charge notice was issued?

fisherjim

I would complain to the BPA after all it states categorically on their website:

POPLA is judicially independent when it comes to deciding the outcome of an appeal and their decision is binding on the operator only.

From POPLA's Website:

What happens if I am unhappy with the assessor's decision?
POPLA is a single-stage appeals process. This means we cannot reconsider your appeal if you disagree with our decision.

and:

Please note: POPLA is a single stage appeals process, we cannot reconsider your appeal if you have new evidence or disagree with our decision.

What's good for the goose as they say, if they want to go against the BPA rules and reconsider they should be prepared to cover the costs, I would complain to the BPA, complain to my MP, and tell them you will expose their biased set up in the media and see them in the SCC should they wish to take it there.

.

ParkyMcpark

Half_way said:

What is the background to this?

car park location?

type of car park  - residential, pub, shopping centre, railway station, stand alone shop, eslewhere?

 reason why a parking charge notice was issued?

It’s not really relevant. The specific issue I’m having is that POPLA have reopened an appeal after issuing what they said was a final, binding, and non-appealable decision.

Coupon-mad

They can do this for either side, if it is apparent that a vital piece of evidence was not assessed.  

Trouble is, you don't know what the issue even is!

No point complaining to the BPA.  There is a right to complain for procedural errors and we use it ourselves for consumers.  We have a couple of wrong Popla decisions being reassessed on here right now (NSL cases where there was a fundamental error in law, re the POFA) 

To guess what the issue is, can you show us the Assessor's decision.  We'll probably be able to work it out, if you share that with us.

patient_dream

Fisherjin is right and probably goes to prove that POPLA once again sides with the parking companies.

As FIsherjim also quoted ... This means we cannot reconsider your appeal if you disagree with our decision.
AND ... "we cannot reconsider your appeal if you have new evidence or disagree with our decision.

So what scam are POPLA trying to pull ?  It is after all a BPA invention and yes, a complaint to the BPA because the above is set in stone with no wriggle room

You can use the above set in stone quotes to the BPA

Who is the PPC who goes against the rules ???

fisherjim

"We have received a complaint from the Parking Operator where they have highlighted that our assessor has missed a key piece of evidence which resulted in them allowing the appeal.

Why don't you let us see the judgement you might get a more informed consensus on here?

It does beg the question again is POPLA fit for purpose!

ParkyMcpark

fisherjim said:

"We have received a complaint from the Parking Operator where they have highlighted that our assessor has missed a key piece of evidence which resulted in them allowing the appeal.

Why don't you let us see the judgement you might get a more informed consensus on here?

It does beg the question again is POPLA fit for purpose!

I can't show you the judgement as I didn't save it and it is no longer on the POPLA website.

I also destroyed all my paperwork relating to the appeal after it was decided. I'm now stuffed if they make a similar error in the Parking Operator's favour. 

ParkyMcpark

Oh, and neither POPLA nor the Parking Operator have told me what evidence was missed or even shared the basis of the complaint with me.

Boat_to_Bolivia

They must have copies or else how can they investigate this alleged error?

Contact them and ask them to send it all to you along with what the complaint actually is!

Coupon-mad

Sadly that's normal.