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Some help with NSL parking, Stansted airport, please

2

Comments

  • Le_Kirk
    Le_Kirk Posts: 23,215 Forumite
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    SusanJP said:
    Thank you, Coupon-mad, that was very useful. Based on that I've completed my submission to POPLA Poplar. I shall update the forum on the outcome. If it's favourable, I'd be happy to share the POPLA Poplar code.
    Hope you have a righteous outcome from POPLA.
  • B789
    B789 Posts: 3,441 Forumite
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    Have you written to your MP and complained about this outrageous abuse of the law by this unregulated ex-clamper? Have you complained to the Airport owner about their agent illegally attempting to scam their patrons with blatant lies in their speculative invoices?
  • SusanJP
    SusanJP Posts: 22 Forumite
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    I haven't written to the MP or to the airport yet. Let's see what POPLA comes up with first ;)
  • B789
    B789 Posts: 3,441 Forumite
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    SusanJP said:
    I haven't written to the MP or to the airport yet. Let's see what POPLA comes up with first ;)
    Why not? You should complain anyway so that a record of their agents vexatious behaviour is built. Nothing like having the PPC squirm a bit when they are asked by an MP or their contractor what are they up to.
  • SusanJP
    SusanJP Posts: 22 Forumite
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    This is just to say I still don't have a reply from POPLA. I'll let you know when I get a decision.
  • Coupon-mad
    Coupon-mad Posts: 140,325 Forumite
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    Thanks for the update.

    I made a formal complaint to the BPA over a month ago about this issue by NSL, so I reckon they've told POPLA to freeze these ones until the BPA come back on the issue of lying about keeper liability.

    The popcorn is open!

    And while your case is quiet this Summer... photos please!  From friends & family too!

    ... we sincerely hope that you are au fait with the need to respond to the private parking draft Impact Assessment by mid-September?

    Or let me do a submission containing YOUR photo evidence please...

    You want to help us change the law?

    To be clear, we are nearly there; it's not a petition or some weak campaign, it's a final push on a law already passed, to cap the £PCN levels and ban the fake DRA fees.

    The Government has a Call for Evidence open right now.

    We are wanting photos of unmanaged car parks, Hospital car park signs near you that show £50 or £60 as the deterrent, and Aldi, Asda, Tesco or Sainsburys £70 signs please.

    All discussed here:
    https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p6

    We need photo evidence of low or no deterrent car parks near you, please!  Think of this when out for a walk or driving to a car park that is unmanaged or has PCN signs of £70 or lower.

    NOT £100, NOT £90 or £80.  Just signs that are less - or places with no PPC.  You will see examples of what to post, in the latest pages of that thread.

    Thankyou!



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  • SusanJP
    SusanJP Posts: 22 Forumite
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    I've got a decision! Successful :)

    ==========================
    Summary of case: The appellant has provided a document detailing their appeal and a copy of the PCN. The appellant believes that the operator’s images have been altered. They advise that there was no option but to select vehicle driver when appealing to the operator. The appellant disputes that the operator has complied with the requirements of the Protection of Freedoms Act 2012. The appellant disputes that the states terms and conditions were breached. They believe that the amount of the PCN contravenes the Consumer Rights Act 2015. The appellants questions the adequacy of the signs at the site. The appellant disputes that the operator has the relevant authority to issue PCN. The appellant advise that the operator has not allowed a grace period. The appellant has commented on the parking operator’s evidence.

    Rationale: When assessing an appeal POPLA considers if the operator has issued the Parking Charge Notice (PCN) correctly and if the driver has complied with the terms and conditions for the use of the car park. I am allowing this appeal, I will explain my reasons below. The Protection of Freedoms Act 2012 advises that the provisions contained within it can only be used on relevant land and that this is land which is not subject to statutory control. In this case the PCN was issued on an airport. While the operator has shown that it has a contract for the management of the site it has not show that the land is not subject to statutory control under airport byelaws and as such I cannot consider that it is relevant land. As I am allowing the appeal on this basis I do not need to consider any other grounds of appeal.
    ==========================

    Thanks to this forum for all the useful information I found here, and for those who've replied in this thread.

    So, my case is over, I can move on. Before I do, what are your suggestions for what I can do now or where I can post this so that others benefit?


  • Le_Kirk
    Le_Kirk Posts: 23,215 Forumite
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    edited 18 August 2023 at 5:12PM
    Nice one! Also good to see that POPLA have started to use RATIONALE rather than RATIONAL after a long battle between them and me - unless, of course, you adjusted their spelling.  Also post your decision in the POPLA decisions thread, it is one of the sticky announcements.
  • SusanJP
    SusanJP Posts: 22 Forumite
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    edited 18 August 2023 at 5:33PM
    Le_Kirk said:
    Nice one! Also good to see that POPLA have started to use RATIONALE rather than RATIONAL after a long battle between them and me - unless, of course, you adjusted their spelling.  Also post your decision in the POPLA decisions thread, it is one of the sticky announcements.

    Er, their actual wording was, "Assessor supporting rational for decision"

    <Added> I've now posted in the POPLA Decisions thread.

  • Umkomaas
    Umkomaas Posts: 42,169 Forumite
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    SusanJP said:
    Le_Kirk said:
    Nice one! Also good to see that POPLA have started to use RATIONALE rather than RATIONAL after a long battle between them and me - unless, of course, you adjusted their spelling.  Also post your decision in the POPLA decisions thread, it is one of the sticky announcements.

    Er, their actual wording was, "Assessor supporting rational for decision"

    <Added> I've now posted in the POPLA Decisions thread.

    Excellent result, well done, and thanks for update. 

    Good to know the Assessor is supporting rational, it would be irrational not to do so. That's my rationale! 🥴
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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