POPLA - refuse the appeal

Coupon-mad

Will do. No rush, will look at it within days.  Very snowed under.  Do not send it yet.

ramagates

Copy that. Thank you

ramagates

Coupon-mad said:

Will do. No rush, will look at it within days.  Very snowed under.  Do not send it yet.

Polite reminder, thanks again for your help

Coupon-mad

I was in France.  Will look at it Monday!

pustit

Any PPC problems over there?

Grizebeck

pustit said:

Any PPC problems over there?

Nope parking and driving in france is so easy!

1505grandad

https://forums.moneysavingexpert.com/discussion/comment/80333159/#Comment_80333159

ramagates

Coupon-mad said:

I was in France.  Will look at it Monday!

Coupon-mad said:

I was in France.  Will look at it Monday!

Thank you for your support. let me know

Coupon-mad

Coupon-mad said:

The PCN reason is “to parked in a restricted location during prescribed hours”

This is land which is under statutory control. Section 3 (1)c of PoFA states that PoFA can only be used on relevant land, which includes any land which the parking of a vehicle is subject to statutory control. 

OMG this isn't NSL at an Airport again - is it?!  Oh my days POPLA HAS DONE IT AGAIN...

"INCLUDES"

INCLUDES?? 

OMG POPLA TRAIN YOUR ASSESSORS !

After this OP coped with a series of debt collector letters (from Engage Services, part of Marston Holdings) an angry complaint about this clear error saw POPLA finally admit they got it wrong and we think NSL has cancelled the PCN, not that they've bothered to apologise:

From: POPLA Complaints<complaints@popla.co.uk>
Date: Thu, Dec 7, 2023 at 4:18 PM
RE: 4822223007: Website Enquiry Form - Complaint about POPLA

 

Dear xxxx xxxxxx,

Your complaint about POPLA

Thank you for your email. This has been passed to me as I am responsible for handling complaints.

I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against NSL Limited.

As a part of your complaint, you have referred me to a previous case where a POPLA Coach apologised for our mis-assessment concerning Stansted Airport and keeper liability in accordance with schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Your complaint concerns similar circumstances, whereby the assessor determined that the parking operator could pursue you, the registered keeper, for the PCN in accordance with PoFA.

I have completed a full review of your case and will address my findings below:

In the assessor’s rationale, they confirm they were not satisfied that the driver of the vehicle had been identified and subsequently concluded that the PCN complied with the provisions of PoFA. The assessor explained that they were not considering the appeal under byelaws, and I can see the appeal was assessed under contract law.

I fully accept that the assessor has incorrectly stated that the relevant land where PoFA is applicable includes any land which is subject to statutory control. You are correct that relevant land under PoFA excludes land subject to statutory control and the parking operator can only pursue the driver of the vehicle for the charge.

As per the complaint response you raised, the Airports Act 1986 indicates that Stansted Airport Limited, as an Airport Authority and Highways Authority, falls under statutory control. Whilst the assessor has not disputed this, it is evident they have incorrectly classified this as relevant land. This means that there has been a mis-assessment of your appeal.

I do apologise for this error and any resulting inconvenience that has been caused. I want to thank you for bringing this to our attention.

Whilst we always strive to issue accurate and robust decisions, (we consider over 60,000 cases a year) there is always the potential for human errors to be made. I note this is a second instance where this has occurred and therefore, I have escalated this internally. We will ensure that all assessors complete a further extensive training course on the applications of PoFA, specifically in respect of relevant land, to address this issue going forwards.

To conclude, I am sorry that you have not had a positive experience when using our service. As you are aware, we are a one-stage process and there is no opportunity for you to appeal the decision. I understand you intend to contact the British Parking Association (BPA) regarding the charge. You are also free to contact Citizens Advice at: USELESS LINKS SNIPPED for independent legal advice.

POPLA’s involvement with your case has now ended, and my response closes our complaints process. I must advise there will be no further review of your complaint and any further correspondence on the matter will not be responded to.

Yours sincerely,

 xxxxxx xxxxx

POPLA Complaints Team

DjangoUnchained

wow, so popla say they have messed it up, got it wrong but they are not going to do anything to rectify their balls ups?