This delay does not bode well for POPLA. Their agreed targets were to decide all cases within 44 days. They are currently on notice for September, October and November. If they fail to meet their agreed performance criteria then the British Parking Association will meet on the 5th December to consider terminating the contract. In August there were more than 3,500 cases which were unlikely to beat the deadline, so currently it is all hands to the pumps in an attempt to churn out verdicts as quickly as possible.
The case was a particularly easy one to decide - a bread and butter case for POPLA adjudicators. The operator, ParkingEye has never been able to justify their pre-estimate of loss calculations, despite trying many different explanations to POPLA. The reason is simple. Their stated costs of running the business, divided by the number of tickets issued, is £53. The ticket charge is £85. £32 is therefore clearly profit, which cannot figure in any pre-estimate of loss calculation, no matter how you dress it up. Moreover, the £53 contains many elements which are also not part of any profit or loss calculation, and which are regularly highlighted as not allowable by the POPLA adjudicators.
POPLA assessors should therefore be able to deal with cases like this very quickly. However it does appear that a few cases get lost, and are only kicked back into action once the motorist starts complaining. The POPLA caseload is managed by excel spreadsheet (The Prankster found this out when he phoned POPLA to find what was happening with his case), which is not a particularly scalable or robust solution. The Pranksters own case only lasted 151 days, although he is currently appealing against the result on the grounds they seem to have assessed a different case.
To show how easy this decision should have been, here is a list of some of the known POPLA verdicts for ParkingEye where pre-estimate of loss calculations have been questioned by the motorist. There are no known cases where ParkingEye's explanation for pre-estimate of loss were accepted by POPLA, despite ParkingEye desperately trying out many different explanations.
POPLA appeals upheld- full transcripts
seen by The Prankster
Verdict date
|
Operator
|
Reason
|
|
11 July 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
18 July 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
27July2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
6 Aug 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
30 Aug 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
3 Sep 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
23 Sep 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
9 Oct 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
|
10 Oct 2013
|
ParkingEye
|
Not genuine pre-estimate of loss
|
POPLA appeals upheld - decisions reported
at http://forums.moneysavingexpert.com/showthread.php?t=4488337
Post date
|
Post number
|
Operator
|
Reason
|
23 Apr
|
18
|
ParkingEye
|
Not genuine pre-estimate of loss
|
18 Jun
|
68
|
ParkingEye
|
Not genuine pre-estimate of loss
|
21 Jun
|
77
|
ParkingEye
|
Not genuine pre-estimate of loss
|
5 Jul
|
93
|
ParkingEye
|
Not genuine pre-estimate of loss
|
15 Jul
|
121
|
ParkingEye
|
Not genuine pre-estimate of loss
|
18 Jul
|
138
|
ParkingEye
|
Not genuine pre-estimate of loss
|
19 Jul
|
144
|
ParkingEye
|
Not genuine pre-estimate of loss
|
19 Jul
|
149
|
ParkingEye
|
Not genuine pre-estimate of loss
|
19
Jul
|
160
|
ParkingEye
|
Not genuine pre-estimate of loss
|
22 Jul
|
166
|
ParkingEye
|
Not genuine pre-estimate of loss
|
26 Jul
|
177
|
ParkingEye
|
Not genuine pre-estimate of loss
|
31 Jul
|
181a
|
ParkingEye
|
Not genuine pre-estimate of loss
|
31 Jul
|
181b
|
ParkingEye
|
Not genuine pre-estimate of loss
|
2 Aug
|
182
|
ParkingEye
|
Not genuine pre-estimate of loss
|
8 Aug
|
193
|
ParkingEye
|
Not genuine pre-estimate of loss
|
10 Aug
|
194
|
ParkingEye
|
Not genuine pre-estimate of loss
|
12 Aug
|
199
|
ParkingEye
|
Not genuine pre-estimate of loss
|
30 Aug
|
210
|
ParkingEye
|
Not genuine pre-estimate of loss
|
3 Sep
|
212
|
ParkingEye
|
Not genuine pre-estimate of loss
|
8 Sep
|
235
|
ParkingEye
|
Not genuine pre-estimate of loss
|
9 Sep
|
240
|
ParkingEye
|
Not genuine pre-estimate of loss
|
11 Sep
|
243
|
ParkingEye
|
Not genuine pre-estimate of loss
|
17 Sep
|
254a
|
ParkingEye
|
Not genuine pre-estimate of loss
|
17 Sep
|
254b
|
ParkingEye
|
Not genuine pre-estimate of loss
|
17 Sep
|
255
|
ParkingEye
|
Not genuine pre-estimate of loss
|
21 Sep
|
262
|
ParkingEye
|
Not genuine pre-estimate of loss
|
21 Sep
|
263
|
ParkingEye
|
Not genuine pre-estimate of loss
|
24 Sep
|
272
|
ParkingEye
|
Not genuine pre-estimate of loss
|
26 Sep
|
288
|
ParkingEye
|
Not genuine pre-estimate of loss
|
27 Sep
|
291
|
ParkingEye
|
Not genuine pre-estimate of loss
|
30 Sep
|
298
|
ParkingEye
|
Not genuine pre-estimate of loss
|
30
Sep
|
299
|
ParkingEye
|
Not genuine pre-estimate of loss
|
3 Oct
|
317
|
ParkingEye
|
Not genuine pre-estimate of loss
|
10 Oct
|
321
|
ParkingEye
|
Not genuine pre-estimate of loss
|
10
Oct
|
347
|
ParkingEye
|
Not genuine pre-estimate of loss
|
11 Oct
|
332
|
ParkingEye
|
Not genuine pre-estimate of loss
|
12 Oct
|
348
|
ParkingEye
|
Not genuine pre-estimate of loss
|
14 Oct
|
359
|
ParkingEye
|
Not genuine pre-estimate of loss
|
15 Oct
|
377
|
ParkingEye
|
Not genuine pre-estimate of loss
|
18 Oct
|
390
|
ParkingEye
|
Not genuine pre-estimate of loss
|
15 Oct
|
379
|
ParkingEye
|
Not genuine pre-estimate of loss.
|
No doubt Capita have been informed that ParkingEye's charges are not upheld by POPLA, and have fully accounted for this in their reported £57 million takeover.
Happy Parking
The Parking Prankster
The Prankster would like to thank the various people at MSE for creating and maintaining the list of known POPLA verdicts, and the various people at pepipoo for collecting and making available completed transcripts.
The Prankster
Seems fairly clear that POPLA's days are numbered. BPA Ltd still have a problem though. That pesky GPEOL problem isn't going to go away if they sack POPLA and appoint a replacement.
ReplyDeleteCan't imagine the AOS members are going to be best pleased to have to change all their literature and signs to reflect a new "independent" assessor either.
I don't think that the signs will have to change.....POPLA will still exist; it's just the organisation providing it that will change.
ReplyDeleteSo currently the London's Councils are providing POPLA services, when they get binned it will be another organisation running the appeals but it will still be called POPLA>
If the London Councils do lose the contract with the BPA Ltd I wonder what the BPA Ltd will have to pay in termination costs? no doubt they may be substantial.
ReplyDelete