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  • FIRST POST
    • Aaron Aadvark
    • By Aaron Aadvark 9th Mar 13, 5:49 PM
    • 231Posts
    • 409Thanks
    Aaron Aadvark
    POPLA Decisions
    • #1
    • 9th Mar 13, 5:49 PM
    POPLA Decisions 9th Mar 13 at 5:49 PM
    MSE Note:

    Hi! Please don't post any private details (yours or other peoples) on the forum for privacy reasons. Thanks!

    MSE Official Insert:

    Read our MoneySaving UK Travel & Transport guides to save more including Fight Private Parking Tickets and Parking Ticket Appeals.

    Back to Aaron Aadvark's original post....

    ----------------------------


    This thread is intended to be a compilation of all published POPLA decisions.

    Please add any decisions you are aware of.

    Please do not post requests for advice on this thread.

    Please start a new thread if you are looking advice.
    Last edited by MSE Andrea; 28-10-2016 at 9:29 AM.
Page 143
    • The Deep
    • By The Deep 4th Jan 18, 9:59 AM
    • 9,520 Posts
    • 9,301 Thanks
    The Deep
    So, you receive a few begging letters. Hardly a good reason imo to pay a scammer, who will use the money to import Class A substances, Albania prostitutes, and knock off Nikes,
    Last edited by The Deep; 04-01-2018 at 10:32 AM.
    You never know how far you can go until you go too far.
    • azz007
    • By azz007 4th Jan 18, 10:21 AM
    • 134 Posts
    • 27 Thanks
    azz007
    cant keep track of all them for 6 years, have too many on the go so may help to be more manageable.
    • beamerguy
    • By beamerguy 4th Jan 18, 10:27 AM
    • 7,569 Posts
    • 10,084 Thanks
    beamerguy
    might just have to pay. to avoid getting bombarded with letters as there are others still outstanding. save me from drowning in these priceless pieces of paper.
    Originally posted by azz007
    Please don't pay and support parking scammers.
    Help for you is always here

    The job of POPLA is to base their decision on fact
    and NOT an assumption.
    If POPLA believe that ANPR is accurate, then they
    must prove this. We have proof to say otherwise

    There is a new members bill about the parking industry
    currently being read and the second reading being
    the 2/02/18.
    The Rt Hon Sir Greg Knight MP is heading this and
    you should complain to him about this very poor
    POPLA decision and should point to the very reason
    why government themselves should have their own
    Ajudicator service as is in place for council parking

    https://www.parliament.uk/biographies/commons/sir-greg-knight/1200
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • azz007
    • By azz007 4th Jan 18, 10:40 AM
    • 134 Posts
    • 27 Thanks
    azz007
    with popla its final and you cant question it after the decision or take it further which is unfortunate.

    Yes all the advice i got was great here, but Oldham Mecca Bingo Car Park - Minister Baywatch seem to have alot of the things covered.

    this might be due to past losses and they are applying the new methods to beat us drivers.
    • beamerguy
    • By beamerguy 4th Jan 18, 10:47 AM
    • 7,569 Posts
    • 10,084 Thanks
    beamerguy
    with popla its final and you cant question it after the decision or take it further which is unfortunate.

    Yes all the advice i got was great here, but Oldham Mecca Bingo Car Park - Minister Baywatch seem to have alot of the things covered.

    this might be due to past losses and they are applying the new methods to beat us drivers.
    Originally posted by azz007
    Nothing is actually final until "the fat lady sings"

    The poorly run POPLA needs to be highlighted
    to Greg Knight and whilst in your case, it now
    relies on the help of this forum.

    POPLA is fast becoming a second IPC who
    display their ignorance on a daily basis
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • azz007
    • By azz007 4th Jan 18, 10:58 AM
    • 134 Posts
    • 27 Thanks
    azz007
    The poorly run POPLA needs to be highlighted
    to Greg Knight and whilst in your case, it now
    relies on the help of this forum.
    Originally posted by beamerguy
    will have to wait and see how rigours they are and if i need further help.

    according to BMPA

    1. The POPLA decision is binding on them but not on you. You need not pay if you don't want to.
    2. You'll get lots of debt collector letters but as they cannot do anything they can be ignored.
    3. MB do go to court but not overly so. They have two "favourite" courts - York for obvious reasons and Port Talbot (!!). If you are not within these catchment areas you should be safe but they do like multiple tickets.

    YORK 62 MILES.
    Talbot 200+
    • beamerguy
    • By beamerguy 4th Jan 18, 11:44 AM
    • 7,569 Posts
    • 10,084 Thanks
    beamerguy
    will have to wait and see how rigours they are and if i need further help.

    according to BMPA

    1. The POPLA decision is binding on them but not on you. You need not pay if you don't want to.
    2. You'll get lots of debt collector letters but as they cannot do anything they can be ignored.
    3. MB do go to court but not overly so. They have two "favourite" courts - York for obvious reasons and Port Talbot (!!). If you are not within these catchment areas you should be safe but they do like multiple tickets.

    YORK 62 MILES.
    Talbot 200+
    Originally posted by azz007
    So where is your local court, you could get it
    transered there

    BUT, it's not near that as yet and it might not be
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • azz007
    • By azz007 4th Jan 18, 11:52 AM
    • 134 Posts
    • 27 Thanks
    azz007
    So where is your local court, you could get it
    transered there

    BUT, it's not near that as yet and it might not be
    Originally posted by beamerguy
    Could be Oldham > Tamside or Manchester. id imagine the latter
    • KeithP
    • By KeithP 4th Jan 18, 1:21 PM
    • 7,728 Posts
    • 7,483 Thanks
    KeithP
    Azz007, why are you polluting this PoPLA Decisions thread with your whining about having to pay because you've got too many tickets and you can't cope?

    That's your problem. As said elsewhere - the drivers of your car need to change their habits. Stop collecting tickets.

    Back to your own thread and leave this one for its intended purpose.
    .
    • azz007
    • By azz007 4th Jan 18, 1:29 PM
    • 134 Posts
    • 27 Thanks
    azz007
    Azz007, why are you polluting this PoPLA Decisions thread with your whining about having to pay because you've got too many tickets and you can't copee.
    Originally posted by KeithP
    i posted the decision as normal then others have started posting as im replying. No body is whining im just enquiring about every possible avenue and alternatives
    • The Deep
    • By The Deep 4th Jan 18, 4:01 PM
    • 9,520 Posts
    • 9,301 Thanks
    The Deep
    with popla its final and you cant question it after the decision


    Nothing is final. You can make such a fuss on twitter, Facebook, local media, etc., that something positive is very likely to happen, read my signature.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 4th Jan 18, 7:27 PM
    • 58,576 Posts
    • 72,079 Thanks
    Coupon-mad
    Could be Oldham > Tamside or Manchester. id imagine the latter
    Originally posted by azz007
    Manchester are very clued up (the best court, bar Skipton, IMHO). I heard someone won there this week without even turning up (nor telling the court they were not attending) and the PPC almost certainly did turn up, but still lost!



    Seriously, the likes of Minster Baywatch have got nothing covered whatsoever, and NO-ONE should pay to avoid poxy letters!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • azz007
    • By azz007 5th Jan 18, 9:11 AM
    • 134 Posts
    • 27 Thanks
    azz007
    Seriously, the likes of Minster Baywatch have got nothing covered whatsoever, and NO-ONE should pay to avoid poxy letters!
    Originally posted by Coupon-mad
    I meant that in the fact they provided the evidence in their pack and the assessor agreed with it all. which is very unusual.
    • LongLegs17
    • By LongLegs17 5th Jan 18, 7:23 PM
    • 14 Posts
    • 11 Thanks
    LongLegs17
    I apologise if I've done this wrong, but looking at the others I think I'm safe - however please edit as necessary if I am indeed wrong (please also accept my apology if so)

    Initial Thread - http://forums.moneysavingexpert.com/showthread.php?t=5729924

    Decision: Successful

    Assessor Name: Chris Markey

    Assessor summary of operator case
    The operator alleges the motorist has remained longer than the stay authorised or without authorisation.

    Assessor summary of your case
    1. The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5);
    2. The operator failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods;
    3. ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass; and
    4. Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver

    Assessor supporting rational for decision
    The appellant has not indicated either way that they were the driver on the date of the contravention. I will therefore be considering Section 9 Protection of Freedom Act (PoFA) 2012.

    The terms and conditions at this site state, “1 ½ hour max stay… Failure to comply with this will result in a parking charge of £70.” In this instance, the operator alleges that the motorist has remained at the car park longer than the stay authorised or without authorisation. The operator has provided copies of its signage, including a site map. Further, the operator has provided photographs from its Automatic Number Plate Recognition (ANPR) cameras situated at the entrance and exit points. These captured the vehicle details of XXXXXXX entering the site on at 20:25:51 and exited at 22:06:16, which is a total stay of one hour, 40 minutes and 25 seconds. The parking operator has issued a PCN to the registered keeper of the vehicle after the DVLA returned the keeper details.

    The appellant states the parking operator has not complied with Section 9 Protection of Freedom Act (PoFA) 2012, as the Parking Charge Notice (PCN) was issued over the 14 days to the registered keeper. The appellant has not acknowledged that they were the driver of the vehicle on the date of the contravention. As such, I believe that the operator was correct to issue the Parking Charge Notice (PCN) to the keeper of the vehicle given the DVLA named them as the registered keeper at the time. In this instance, I am satisfied that the keeper of the vehicle is entitled to appeal the validity of this parking charge notice (PCN), as the operator has issued a notice to the keeper’s address. However, I note that the operator has not advised that it is attempting to transfer liability for the charge using PoFA 2012, and so, in its mind, the operator continues to hold the driver responsible. As such, I must consider whether I am confident that I know who the driver is, based on the evidence received.

    After considering the evidence, I am unable to confirm that the appellant is in fact the driver on the day in question. I do not consider the PCN compliant with PoFA 2012. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to address the appellant’s other grounds of appeal.
    • Umkomaas
    • By Umkomaas 5th Jan 18, 7:32 PM
    • 18,035 Posts
    • 28,573 Thanks
    Umkomaas
    Great result LongLegs17 and I must say you!!!8217;ve done a great job of making the POPLA decision much more readable with your paragraphing.

    The number of people for whom we!!!8217;ve put great effort into helping, who just copy and dump the often massive wall of POPLA text, then just leave us to pick our way through it all, always annoys me.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • beamerguy
    • By beamerguy 5th Jan 18, 7:57 PM
    • 7,569 Posts
    • 10,084 Thanks
    beamerguy
    Well done
    "Assessor summary of your case
    1. The Notice to Keeper does not comply with sub-paragraph 9 (2 & 5);
    2. The operator failure to adhere to the British Parking Associations (BPA) Code of Practice Grace’ Periods;
    3. ParkingEye Ltd. lacks proprietary interest in the land and does not have the capacity to offer contracts or to bring a claim for trespass; and
    4. Signage does not comply with the BPA Code of Practice and was not prominent enough to form any contract with a driver

    Will the BPA give PE a spanking ?
    Too much involved I suspect
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • cgh01
    • By cgh01 6th Jan 18, 12:59 PM
    • 16 Posts
    • 23 Thanks
    cgh01
    Uncontested Popla success
    Uncontested Popla success against NCP: initial thread:hxxp://forums.moneysavingexpert.com/showthread.php?t=5757895[/url]


    I would like to thank all the regular forum members for constructing such a wealth of information as contained in the "NEWBIE THREAD"

    As said on numerous other threads a long Popla appeal is well worth doing (copy and paste with a few photos attached).

    Even though this was an uncontested VICTORY, it`s still feels good!!!!!!

    ""]Thank you for submitting your parking charge Appeal to POPLA.
    An Appeal has been opened with the reference 4363257506.
    NCP Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.""

    Yours sincerely

    POPLA Team!

    ET6116/001

    kind regards
    Adam
    ( still not allowed to post url. link hence broken link to original thread)
    • Jed57
    • By Jed57 8th Jan 18, 3:56 PM
    • 3 Posts
    • 5 Thanks
    Jed57
    Veteran with PTSD v Eurocarparks
    Hi Everyone - I suffer Chronic PTSD after 1991 Gulf conflict. Semi retired now I do a little private hire driving. Waited at Shell petrol stn at LGWNorth. Suffered a 'flashback', Debilitated shocked and VERY upset, it took me 20 or more minutes to recover enough to be able to safely drive away. PCN received and appealed; flabbergasted when refused by Eurocarparks. Went to POPLA appeal - Again REFUSED. Complained and STILL they cannot see logic or have ANY compassion to a wounded veteran. SHAME SHAME SHAME on them
    • Coupon-mad
    • By Coupon-mad 8th Jan 18, 5:28 PM
    • 58,576 Posts
    • 72,079 Thanks
    Coupon-mad
    Hi Everyone - I suffer Chronic PTSD after 1991 Gulf conflict. Semi retired now I do a little private hire driving. Waited at Shell petrol stn at LGWNorth. Suffered a 'flashback', Debilitated shocked and VERY upset, it took me 20 or more minutes to recover enough to be able to safely drive away. PCN received and appealed; flabbergasted when refused by Eurocarparks. Went to POPLA appeal - Again REFUSED. Complained and STILL they cannot see logic or have ANY compassion to a wounded veteran. SHAME SHAME SHAME on them
    Originally posted by Jed57
    You are covered by the Equality Act 2010 (EA) and although POPLA do not take the Act into account (astonishingly), the law certainly does, and a small claim court would.

    Look:

    http://forums.moneysavingexpert.com/showthread.php?p=73680257#post73680257

    You could sue them. Why not contact the Equality Advisory and Support Service (EASS) as shown there. the other links show you the case law and that you can sue for £1000 for distress, but must do so within 6 months of the last conduct, i.e. any letter they send demanding money despite the fact ECP know you have 'protected characteristics' (disability) under the EA.

    You do know not to pay this, we hope?

    What about a disability discrimination complaint to the owners of the Shell petrol stn at LGWNorth, for their contractor's illegal failure to allow 'reasonable adjustments' of time, for a person with your ongoing condition, a feature of which actually caused the issue.
    Last edited by Coupon-mad; 08-01-2018 at 11:47 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Jed57
    • By Jed57 8th Jan 18, 10:16 PM
    • 3 Posts
    • 5 Thanks
    Jed57
    Hi Coupon-mad!
    Thanks very much for such great info - will certainly look into this angle. Certainly Have notpaid the PCN. Have now had debt collection company demand also. Have many irons in the fire including Veterans Charities etc and my MP.
    Thanks so much again
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