Unsuccessful POPLA Appeal

R63214

POPLA refused my appeal against parking ticket.

Their decision was not well justified in my opinion, with comment that seemed opposite to what I have seen in other decisions, for example:

"In this case the parking operator has confirmed they have the authority from the owner of the land to act on their behalf, the appellant has not provided any evidence to cast doubt on this, there is not obligation within The Code for the parking operator to provide a copy of their contract with the owner of the land." (I had asked for proof of landowner authority).

"In this case, the PCN in question has the necessary information and the parking operator has therefore successfully transferred the liability onto the registered keeper." (I had in detail picked apart the faults in the NTK, the assessor did not address any single one of my points).

"The PCN is question is a charge for a breach of contract, and not an invoice." (Strange, it was a private car park, is it not an invoice?)

Would it be worth going back to POPLA to get them to re-examine this case or would the outcome be the same?

Gr1pr

they wont change the decision, if that is what you mean ?

you can report your concerns to the lead adjudicator, but the outcome remains the same, no appeal option

currently its an unregulated industry

doesn`t matter if its called a charge, PCN, NTK, , parking charge , or what it really is , an invoice

the charge ( invoice ) is for an alleged breach of the parking contract on that private property

court is where this will be settled , if it ever gets that far

name the private parking company and incident location and alleged breach

R63214

https://forums.moneysavingexpert.com/discussion/comment/81968148#Comment_81968148

Thank you, yes, that is what I was thinking, a change of decision on the basis of an incompetent assessment.

If I share info about the parking company etc could that prejudice any defence? I gather the firms do read the posts here.

The alleged breach was non-payment. I was sure that I had paid using their app but for whatever reason the payment did not go through.

Le_Kirk

POPLA decisons are not binding on the motorist. As @Gr1pr writes, it will be decided in court; let's see what they say when the judge demands to see the contract!

Coupon-mad

It is perfectly safe to name the private parking company and incident location and alleged breach

R63214

https://forums.moneysavingexpert.com/discussion/comment/81968148#Comment_81968148

It was Group Nexus, Brighton

James_Poisson

"In this case the parking operator has confirmed they have the authority from the owner of the land to act on their behalf, the appellant has not provided any evidence to cast doubt on this, there is not obligation within The Code for the parking operator to provide a copy of their contract with the owner of the land." (I had asked for proof of landowner authority).

That is utter BS, you have cast doubt on this as the operator hasn't proved that they have a contract. You did your bit to ask for the evidence from the only party that could prove it and they didn't there (arguably) is the proof.

The COP does state that there must be a contract for the parking company to operate on the land though it's probably too convoluted for POPLA to unfold I am sure a judge wouldn't stand for such nonsense:

2.10. Controlled Land

premises on which private companies manage the terms and conditions applying to the
parking of vehicles, directly or under contract with the landowner, including relevant land

2.30. Relevant Contract

contract (including a contract arising only when the vehicle is parked on the controlled
land) between the driver and a person who is:
(a) the owner or occupier of the land; or
(b) authorised, under or by virtue of arrangements made by the owner or occupier of
the land, to enter into a contract with the driver requiring the payment of a parking
charge in respect of the parking of the vehicle on the land.

They bleat on about contracts and yet ignore it when it suits them, unfairly if you complain to POPLA, which I would just to be awkward, they might admit they erred but will say the decision stands.