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pcn to registered keeper

1568101123

Comments

  • Coupon-mad
    Coupon-mad Posts: 130,624
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    Pdmum wrote: »
    Just heard my appeal has been unsuccessful. Very disapointed , especially as POPLA say 'in assessing this appeal i have considered the evidence provided by the operator to be true as the appellant has failed to rebut their claims' which is totally untrue. Can i complain about this?

    Yes, complain by email to POPLA's complaints email, they'll fob you off, by try.

    Search the forum for 'POPLA lost' to read all the other threads where people lost at POPLA and are all sitting tight, mostly v Premier Park, who seem to win an inordinate number of allegedly questionable POPLA cases.

    No-one here pays!

    At the least the Govt has woken up to this '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
  • Pdmum
    Pdmum Posts: 127 Forumite
    Thanks, will complain to Popla and to MP. Not ready to give up yet!
  • Pdmum
    Pdmum Posts: 127 Forumite
    Will someone be so kind to comment on this before i send. Thanks.

    Dear Mr Gallagher,
    I am writing to complain about the handling of my case xxxxx.
    There has been a procedural error which is highlighted in the assessors comments which state “In assessing this appeal I have considered the evidence provided by the operator to be true as the appellant has failed to rebut their claims”
    I did rebut the operators claims as on the whole it was contradictory and irrelevant to the issue of the PCN in question.This was posted on the Portal on 11/2/18 and was shown to have been received.
    Why has this not been taken into account?
    Furthermore I believe decisions are based on factual evidence presented by both parties and application of the BPA Code of Practice and relevant law and are not open to interpretation by an assessor.
    Because of the above my case has been compromised and has not allowed a factual and impartial assessment.
    Thank you for your time
  • DoaM
    DoaM Posts: 11,863
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    Looks fine to me.
  • Pdmum
    Pdmum Posts: 127 Forumite
    No real surprise, this is poplas response to my complaint.
    Funny how they are only focusing on signage, when my rebutal was a whole lot more.
    Want to respond but think its pretty pointless and especially as i have already had another demand from Premier Park.
    Guess i will wait now for the courts to decide

    [FONT=&quot]our complaint about POPLA[/FONT]
    [FONT=&quot]Thank you for your email addressed to Mr Gallagher which was passed to me by the POPLA team as I am responsible for responding to complaints.[/FONT]

    [FONT=&quot]I note from your correspondence that you are unhappy with the decision reached by the assessor in your appeal against Premier Park.[/FONT]

    [FONT=&quot]POPLA is an impartial and independent appeals service and we do not act either for the parking operator or the appellant. It is important to explain that it is not our remit to source evidence and documents from either party in support of their submission and our decisions are based on the evidence received from both parties at the time of the appeal. We cannot consider further evidence after the appeal has been completed.[/FONT]

    [FONT=&quot]I have reviewed the assessor’s decision and I am satisfied that the outcome reached is correct. [/FONT]
    [FONT=&quot]I note your comments in regard to the fact that the assessor did not consider your evidence within the appeal response. However, I have looked at the photographs that you have taken in comparison to those given by the parking operator. From this I can see that your photographs are taken at an angle that does not show the signage that is present at the site. The operator has given specific signage from the entrance and throughout from the angles that they would expect an approaching motorist to see. [/FONT]

    [FONT=&quot]Having reviewed the evidence from both parties I do not feel that in omitting any reference to the evidence you provided would have had a material effect on the outcome reached. [/FONT]

    [FONT=&quot]As POPLA is a one-stage process, there is no opportunity for you to appeal the decision.[/FONT]

    [FONT=&quot]As our involvement in your appeal has now concluded you may wish to pursue matters further. For independent legal advice, please contact Citizens Advice at: [/FONT][FONT=&quot]www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).[/FONT]

    [FONT=&quot]In closing, I am sorry that your experience of using our service has not been positive. We have reached the end of our process and my response now concludes our complaints procedure. I trust you will appreciate that there will be no further review of your complaint and it will not be appropriate for us to respond to any further correspondence on this matter. [/FONT]
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    Smacks of template 'lip service' to an apology. Doesn't read as genuine at all, does it?

    The amount of times Premier Park now win at POPLA is astonishing, despite not have the right wording in their NTKs (the 29 days is NOT correct when compared to Schedule 4), and despite the fact PP are regularly reported here as issuing predatory tickets, and even having P&D machine times out by several minutes, from the timers on the ANPR cameras (what a jolly wheeze that must be, if true).

    They even won cases where POPLA bent over backwards to interpret utter crap in their favour. The very best (worst) one was the infamous POPLA Assessor who decided that words something like: 'motorised vehicle' in harbour byelaws, included boats and trailers, but not 'cars'!

    You could not make it up. Diabolical from POPLA sometimes.

    No wonder MPs are pushing ahead plans for what we hope will be a fully independent appeals service run by someone competent, like Caroline Sheppard of PATAS fame. She'd take no nonsense.
    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
  • Pdmum
    Pdmum Posts: 127 Forumite
    Just a 'fob off' really, and quite insulting. Thats my angle on it anyway!
    Have emailed my MP to support.
    In the meantime i will keep reading in readiness.
    So glad i found this forum for myself but can also tell others now who would probably just pay up and put it down to experience.
  • Pdmum
    Pdmum Posts: 127 Forumite
    Have received 2nd letter following Lost Popla.
    Letter heading is 'Offer to settle to avoid court proceedings'
    Am thinking its not an LBC, as it mentions recovery via debt recovery, but there is a paragraph that states-
    'In order to comply with all aspects of 'pre-action protocol' and to demonstste attempts to resolve this matter.....
    Is it safe to ignore this one
    Thanks
  • KeithP
    KeithP Posts: 37,430
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    Who has sent you this letter?
  • Pdmum
    Pdmum Posts: 127 Forumite
    Premier Park
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