MET Parking - POPLA code received - won

[endoftheline]

Hello,

MET parking charge noticed given. As suggested, the appeal was sent to them and rejected. They have given a POPLA code in the rejection letter. The letter is scanned and attached.

Any help in the next steps is very much appreciated!!

Thanks

[mystery1]

Re: MET Parking - POPLA code received

Can you take off personal info and post the PCN, appeal and any signs you have ?

M1

[endoftheline]

Re: MET Parking - POPLA code received

Hi mystery1,

Please see attached. I don't have any pictures of the signs - do I need these?

Thanks

[mystery1]

Re: MET Parking - POPLA code received

Hi mystery1,

Please see attached. I don't have any pictures of the signs - do I need these?

Thanks

It certainly would be better but i wouldn't travel hundreds of miles to get pictures.

Can you remember what they said ? It appears to be permit only ?

M1

[endoftheline]

Re: MET Parking - POPLA code received

Can't remember exactly, think it is along the lines of permit holders only yea. It is a golf club car park and the driver was using the driving range in there. Think they write your name in a log book inside the clubhouse but the driver didn't go into the clubhouse.

[mystery1]

Re: MET Parking - POPLA code received

What did the golf club say when yu complained ?

M1

[endoftheline]

Re: MET Parking - POPLA code received

The club house was closed when the driver was finished. The driver haven't spoken to them since and hasn't been back as it isn't nearby.

[mystery1]

Re: MET Parking - POPLA code received

I'd phone them, it's worth a try.

I'll get back to you about popla, soon.

M1

[endoftheline]

Re: MET Parking - POPLA code received

Hi M1. No joy with the driver phoning them - they were not interested. Any luck with POPLA?

Thanks

[mystery1]

Re: MET Parking - POPLA code received

You are currently #2 in the popla queue and as Sunday looks like my last day at work then it should happen early next week.

M1

[mystery1]

Re: MET Parking - POPLA code received

endofthelinepopla.rtf

Edit to suit and upload as per http://parking-prankster.blogspot.co...a-process.html

M1

[endoftheline]

Re: MET Parking - POPLA code received

Thanks M1, all submitted. Will keep you updated of the outcome.

[endoftheline]

Re: MET Parking - POPLA code received

Hello @M1. The driver has received a decision from POPLA. Success - the driver thanks you for all your help!!!!

Assessor summary of operator case
The operator case is that the parking charge notice (PCN) was issued as the appellant’s vehicle remained at the car park without a valid ticket, voucher or permit.
Assessor summary of your case
The appellant’s case is that they do not believe the operator to have a landowner authority. The appellant has advised that the operator has not complied with the British parking Association (BPA) code of practice. The appellant further advises that the operator needs to provide proof that clear legible signage is in place at the site. Lastly, the appellant has advised that the notice to driver is not compliant and a notice to keeper was not sent, as there is no proof of the identity of the driver then no liability exists.
Assessor supporting rational for decision
The terms and conditions of the site are, “Stockley Park Golf Club Parking Only. Stockley park golf club visitors only. Visitors must clearly display a valid permit face up in the front windscreen or sign in at reception on arrival. After reviewing the evidence provided by both parties, I am not satisfied that, the appellant has been identified as the driver of the vehicle at the time of the parking event. The operator is therefore pursuing the registered keeper of the vehicle in this instance. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle, to the registered keeper of the vehicle, the regulations laid out in the protection of freedoms act (POFA) 2012 must be adhered to. The operator has provided a copy of the notice to keeper; after reviewing this I am satisfied that, the operator has met with the requirements of PoFA 2012. The operator has issued a Parking Charge Notice (PCN) to the appellant because the appellant’s vehicle remained in the car park without a permit for parking. The appellant has questioned the operator’s authorisation to operate on the land. Section 7 of the British parking Association (BPA) 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. 7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. 7.3 The written authorisation must also set out: The definition of the land on which you may operate, so that the boundaries of the land can be clearly defined. Any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation Any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement. Who has the responsibility for putting up and maintaining signs. The definition of the services provided by each party to the agreement”. Having considered the evidence provided by the operator, I am not satisfied that the operator had landowner authority at the time of the parking event. From the contract I can see that it advises that the commencement date to be confirmed for a fixed period of not less than 24 months, whilst the agreement is effective from the date of the signature, the term of the fixed period shall be calculated from the date of the issue of the first Parking Charge Notice. I can see the contract is signed and dated 04 August 2014, however I do not know the date the first PCN was issued. On this basis, I can only conclude that while the operator may have the sufficient authority to operate on the land, it has failed to demonstrate this within the evidence provided for my consideration. As such, I must allow the appeal. While I note the appellant has raised a number of grounds for appeal, as I have allowed this appeal these do not require any further consideration.