POPLA Decision Southgate Park

southgate_park · 4 September at 5:17PM

A big shout out to Coupon Mad and the rest of the guys and girls that gave valuable advice and encouragement to take on MET PARKING. We Won !

Decision

Successful

Assessor Name

Stuart Lumsden

Assessor summary of operator case

The operator has issued the parking charge notice (PCN) due to parking without payment or authorisation.

Assessor summary of your case

The appellant has raised the following points from their grounds of appeal: • Met parking are relying on PoFA to hold the registered keeper liable, but Southgate Park is within the boundaries of Stanstead airport and is not relevant land. • The operator cannot hold the keeper liable. • The appellant has raised many more grounds of appeal. The appellant has expanded on their grounds of appeal after reviewing the operators evidence pack. The appellant has provided the following as evidence to support their appeal: • Images of signs and a site map showing the boundaries of Stanstead airport. The above evidence will be considered in making our determination.

Assessor supporting rational for decision

I find in favour of the appellant and allow this appeal, below I will explain my reasoning. When an appeal comes to POPLA the burden of proof begins with the operator to evidence that the PCN has been issued correctly. I acknowledge the appellants grounds of appeal and evidence provided of images of signs and a site map showing the boundaries of Stanstead airport. I note the appellant has not confirmed they were the driver at the time of the breach and in order to hold the keeper liable, the operator must transfer liability using PoFA. The appellant’s case is that Southgate park is covered by Byelaws and is not relevant land, making impossible for the operator to transfer liability to them as the keeper. I note the evidence provided by the appellant clearly shows that Southgate Park is within the boundaries of the airport and is therefore covered by Byelaws. The operator has stated that it is relevant land, and they can therefore transfer liability to the driver. Despite the operator stating this and providing a landowner agreement claiming it is relevant land, they have provided no site map to rebut the appellants claims or show the site does not sit within the airport boundaries. As the appellant has provided evidence to show Southgate Park is within the boundaries of Stanstead Airport and the operator has failed to rebut this, I cannot conclude that they can transfer liability and hold the keeper liable for the charge. As such, I must allow the appeal. I note the appellant has raised other points relating to the parking charge notice, but as I have allowed the appeal it will have no bearing on the case.