Can you complain above POPLA?

Hardyc24

Hoping for a bit of advice/opinion.

Earlier this year, I received the usual invoice from a private parking company (not naming unless required) for an overstay at a playground in a village I live. As always, followed the steps on here. Wrote to landowner (Parish Council) who couldn’t have been less interested, appealed to the PPC (using template and refusing to name driver), lost appeal and then took to POPLA.

With POPLA, I followed the usual template; Non-compliance with the Protection of Freedoms Act (PoFA) 2012 / Inadequate signage and insufficient notice of the sum of the parking charge / Lack of evidence of Landowner Authority /Incorrect use of photographic evidence provided /Grace Period non-compliant etc etc…

But, the PPC provided counter claim evidence. In that evidence was a higher res photo from the ANPR camera of the car entering a car park. In my opinion, this potentially shows the car hasn’t entered the car park at all. In fact, you can clearly see a line in the tarmac of the public road you turn off from, potentially suggesting the camera is pointing on the public road, and NOT on the land of the car park. They also provided a map with the landowner authority showing boundary etc which further backed up this point.

I commented on this new evidence saying it proved nothing… incorrectly positioned cameras, public road, pointing out the line in the tarmac etc etc… It took POPLA three months to respond, and I was not successful. What irritated me though was in POPLA’s detailed reply, they failed to comment on the two additional areas I flagged from the new evidence the PPC sent me. I complained to POPLA, only to receive the following nearly two months later:

“I can see that when you appealed to us you initially provided a pdf document containing your grounds of appeal which you listed….

It would appear that when the appeal was allocated to the assessor, they incorrectly deemed this document solely as evidence rather than your grounds of appeal. Due to this error, I will be upholding the complaint… On review of the appeal, I accept the assessor failed to correctly respond to the points raised regarding the ANPR as such, I will now consider this…”

Of course, they didn’t budge on their stance. But what has really annoyed me is for a second time they have failed to comment on my point about the ANRP positioning and the public road. It’s almost as if they haven’t bothered to read it TWICE. I’ve now been told POPLA have reached their conclusion and won’t reply to any further emails. My argument is, they haven’t been fair and have proven the original assessor didn’t read my complaint correctly. Now, of course, I am getting the usual debt recovery letters (yawn) which I am ignoring until it is small claims which I am more than happy to proceed with. But it has really angered me at how POPLA have behaved.

How can I raise it further? Any advice for a wannabe Erin Brockovich?

Thanks

la531983

No, its a closed shop, the whole appeals process is pure theatre.

Hardyc24

https://forums.moneysavingexpert.com/discussion/comment/82158905#Comment_82158905

Well, that depresses me!!!

Car1980

They routinely ignore evidence and arguments, and where there is a slam dunk point they will simply state "the assessor is satisfied that black is white".

POFA arguments are classic. They'll say they're satisfied when it's blatantly non-compliant, or use a new "it doesn't have to state the words verbatim" dismissal.

It's become a whole lot worse in the last 12 months. Something has changed. The BPA is probably leaning on them, especially with the knowledge that its days are numbered.

LukeB_92

There isn't a further appeal above POPLA on the merits, which is the frustrating part — but a couple of distinctions that may help:

1. A POPLA refusal isn't binding on you. A POPLA decision binds the operator if you win, but if you lose, the operator still has to take you to court to enforce the charge. You don't have to pay simply because POPLA said no.

2. POPLA's complaints process, which you've now used, is about how the appeal was handled rather than a re-hearing. Upholding your complaint about the assessor's error doesn't oblige them to change the outcome, and there is no ombudsman above them for the decision itself.

3. Separate from POPLA, the ANPR positioning point can still be raised elsewhere: a complaint to the operator's trade association about the operator's evidence and camera positioning, and — probably more usefully — keep everything for court. The letter upholding your complaint is worth keeping, as it confirms the assessor initially mishandled your grounds. If a claim is issued, the substantive defence is that the car was photographed on the public road rather than entering the car park land, so no parking contract on that land was formed — that is a point for a judge, not for POPLA.

Debt recovery letters are not court papers and can be ignored, but don't ignore an actual letter before claim or a claim form if one arrives — make sure you respond to those.

Half_way

Councils and other local authorities are not permitted to use Private parking companies that issue parking charge notices. (to the best of my knowledge)

there have been reports of certain parish councils trying to use PPCs and getting into problems for doing so

it would be useful too know where this car park is, and the name of the parking company, plus the name of the parish council.

also if there is a TRO in place for that car park.

There could be some major issues here for the Parish council and the parking company, and if you can answer the above things may get very sticky for the council involved.

As for popla, its decisions are not binding upon you

Half_way

to get more traction on this it may be better to rename this topic to "Private parking charge issued in council car park, lost at Popla"

James_Poisson

POPLA will admit if they are wrong but always state it is a single stage appeal so the wrong decision stands, which shows it up for the sham appeal service it is, there is no fairness it isn't right.

However, just to add insult to injury there have been instances reported on here where they have reversed a decision that favoured the appellant after a complaint by a parking company, work that out!

Coupon-mad

"the PPC provided counter claim evidence. In that evidence was a higher res photo from the ANPR camera of the car entering a car park. In my opinion, this potentially shows the car hasn’t entered the car park at all. In fact, you can clearly see a line in the tarmac of the public road you turn off from, potentially suggesting the camera is pointing on the public road, and NOT on the land of the car park."

First: please name & shame the PPC and show us those images.

I'm thinking:

• complaint to the council about private ticketing of a car on public highway;
• complaint to the DVLA evidencing this and requiring DVLA to investigate and suspend the parking firm;
• specific 'data abuse / illegal camera surveillance' complaint emailed to the parking firm's DPO, telling them their surveillance camera filmed your car on the public highway, so you have already complained to the DVLA about this severe breach of KADOE rules and will also be sending your evidence to the Information Commissioner's Office;
• complaint to the ICO once you exhaust the PPC's complaint route;
• complaint & evidence to the CMA asap, to support their consumer protection investigations of the private parking industry that is a live issue for the CMA this year. They cannot get involved in cases but the CMA really DO very much want evidence of rogue ticketing!

Read all the CMA statements first.

This was on BBC News and on MSE itself:

MSE article: July 2026

The Competition and Markets Authority (CMA) launched a major crackdown on the UK private parking industry, issuing an open warning over unfair appeals handling, and advising stricter government oversight CMA takes action on private parking practices.

Please, could you take the time to read the news about the above and then email the CMA with the above points and attach your PCN and also the damning POPLA evidence pack, where they misled an Assessor by saying this was on private land yet the photos prove it wasn't.

You aren't complaining about POPLA, you are focussing on the parking firm.

CMA Contact emails (use both, the first one goes directly to their parking investigation) :

• parking@cma.gov.uk
• general.enquiries@cma.gov.uk 

The CMA don't help with cases. This is for the public good. You are reporting this to try to get the CMA to investigate the PPC in question, to make them stop this sort of scam operation in future and maybe to fine them lots of money!

The CMA has that clout.