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POPLA Decisions

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  • SmartPCN
    SmartPCN Posts: 35 Forumite
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    Umkomaas wrote: »
    I agree. But, as I said, POPLA do come up with some bizarre decisions.

    I expect the PPC will be spitting feathers. Oh dear, how sad. Let's see how we get on with this going forward.

    So we know the assessor was L***** D****, can you give us the date of the decision and the POPLA reference number. With all those references, we can help others to argue similarly.

    Great result which takes the process forward in a potentially different way.

    Umkomaas - he has posted all the details - POPLA verification code is there as well, just to let You know mine was the same assessor as well :)
  • SmartPCN
    SmartPCN Posts: 35 Forumite
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    Umkomaas wrote: »
    Please take the following action which will exact some revenge/pain on the PPC!

    Please complain/write to the following:

    1. DVLA.
    Ask the DVLA to stop providing keeper details to the PPC for that particular site in view of the POPLA statement that they have no authority to operate on this land.

    2. BPA.
    Ask the BPA to confirm they will be issuing sanction points to the PPC in view of the POPLA statement.

    Copy your POPLA decision, emphasise the statement that no authorisation exists, to both the DVLA and the BPA.

    Well done on your successful appeal by the way. Please let us know what the outcomes of your complaints are. Link to your original thread with the details when received.

    It's imperative we stop these outfits in their tracks if they are flouting requirements placed on them by the BPA/DVLA/PoFA, in order to fleece the general public and profit from their misfortune - without prodding, neither the BPA nor DVLA will do tap all!

    Here's another thread where the OP got stuck into this:

    http://forums.moneysavingexpert.com/showthread.php?p=69199071#post69199071

    Well - I was thinking that, thank You, Wonderful advise, I will do that and keep You posted, many thanks
  • Coupon-mad
    Coupon-mad Posts: 132,126 Forumite
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    LOL, maybe she is a secret agent!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SmartPCN
    SmartPCN Posts: 35 Forumite
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    Coupon-mad wrote: »
    LOL, maybe she is a secret agent!
    You may be right, Same date for the decision along with same assessor :)
  • Coupon-mad
    Coupon-mad Posts: 132,126 Forumite
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    Maybe she got out of bed on the right side, or it was her birthday and she resolved to find in favour of the scam victims all day long!

    Being a POPLA Assessor must be a soul destroying job, as it must quickly dawn on the cleverer ones, that the industry they are propping up with a veil of legitimacy, operates an outrageous scam (Hansard 2.2.18).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    The POPLA decision is binding on the PPC, but not on the motorist.

    Think about it!
    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.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Do not be too hard on them CM.

    I suspect that many of the assessors are newly qualified law graduates looking for a training place with a firm of solicitors. For them any experience is good experience, any job is worth having, and it looks good on their CV.

    One of my tenants was a solicitor. After she qualified she applied to 2,000 firms before she was given a place. I believe that things are just as hard for newly qualified barristers. t
    You never know how far you can go until you go too far.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Umkomaas wrote: »
    Please take the following action which will exact some revenge/pain on the PPC!

    Please complain/write to the following:

    1. DVLA. ...


    2. BPA. ...[/url]
    ...

    He forgot to add Trading Standards, your MP, and the local papers.


    The more smelly stuff you throw at a wall, the more sticks.
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 58,287 Forumite
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    edited 13 December 2018 at 12:48PM
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    The_Deep wrote: »
    Do not be too hard on them CM.

    I suspect that many of the assessors are newly qualified law graduates looking for a training place with a firm of solicitors. For them any experience is good experience, any job is worth having, and it looks good on their CV.

    One of my tenants was a solicitor. After she qualified she applied to 2,000 firms before she was given a place. I believe that things are just as hard for newly qualified barristers. t

    From the PoPLA annual report 2018,
    "All new assessors have been recruited from within the alternative dispute resolution sector and undergone a thorough accreditation process."

    In other words, they should not be green, and should know their trade …

    Porcine airways clear for take-off.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • london1918
    london1918 Posts: 5 Forumite
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    PPC: UKPC

    Decision: Successful

    Assessor Name: XXXXXXX

    Assessor summary of operator case
    The operator has issued the Parking Charge Notice (PCN) due to parking in a permit area without displaying a valid permit.

    Assessor summary of your case
    The appellant states that they are raising the appeal due to: 1. A compliant Notice to Keeper was never served - no Keeper Liability can apply. 2. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. 3. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge. 4. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice. The appellant has provided evidence to support the appeal.

    Assessor supporting rational for decision:
    The appellant has been identified as the keeper of the vehicle. The operator has provided photographs of the PCN on the windscreen as well as a copy of what the permit should look like. A copy of the PCN has been included in the case file. The appellant states that there is no evidence of Landowner Authority. The British Parking Association Code of Practice states: 7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you the authority to carry out all the aspects of car park management for the site that you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges. In the case file from the operator, it has not demonstrated that it owns the land or has authority from the landowner to operate in the car park. Having reviewed the evidence, I can see that the appellant is parked within the car park and has been issued with a PCN to the window of the vehicle for not being permitted to be parked there. However, there is no evidence to show that the operator has permission to issue PCNs in the car park. Therefore, I am not satisfied that the operator has provided enough evidence to show that the PCN has been issued correctly. As such, I conclude the PCN has not been issued correctly. Accordingly, I must allow this appeal. I note that the appellant has raised further grounds for appeal and documents for the appeal in this case, however as I have allowed the appeal for this reason, I have not considered them.
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