Reasons for the Assessor’s Determination
It is the Appellant’s case that the parking charge notice was issued
incorrectly.
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.
Accordingly I have no option but to allow the appeal.
Chris AdamsonThe operators have clearly thrown in the towel on this issue and accepted that their charges cannot be justified.
Assessor
However, this raises the serious concern of why these charges were ever imposed in the first place. The parking operators concerned are relying on fear and uncertainty to make their money. They know that a robust challenge will see the charge cancelled by POPLA, but know that most motorists pay up. They also rely on the fact that POPLA continually refuse to explain on their web site that a motorist can challenge a charge for breach of contract on the grounds that it is not a true pre-estimate of loss.
If the operators have accepted that their charges will always be cancelled by POPLA then they should lose the right to issue them, period!
The British Parking Association and the DVLA continue to refuse to address this issue.
Here is a list of recent cases
ParkingEye http://forums.pepipoo.com/index.php?showtopic=87626
ParkingEye http://forums.pepipoo.com/index.php?showtopic=87637
JAS Parking Solutions http://forums.pepipoo.com/index.php?showtopic=87223
ParkingEye http://forums.pepipoo.com/index.php?showtopic=86472
ParkingEye http://forums.pepipoo.com/index.php?showtopic=84707
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4865624
Excel http://forums.moneysavingexpert.com/showpost.php?p=64629251
ParkingEye http://forums.moneysavingexpert.com/showthread.php?t=4826382
ParkingEye http://forums.moneysavingexpert.com/showthread.php?t=4810260
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4864966
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4804998
Some operators are not even bothering to go to POPLA
MET Parking http://forums.pepipoo.com/index.php?showtopic=87889
Parking Control Management operate in the development where I live. I have been helping a number of neighbours with "tickets" issued by PCM. Every single appeal to PCM based on no GPEOL, no contract etc has been accepted by PCM and the ticket cancelled.
ReplyDeleteWhere I have been contacted after a weak appeal has already been submitted, I have helped with their POPLA appeal and again, every one of these has resulted in PCM withdrawing the ticket.
POPLA have not yet had to rule on a single ticket. We can all draw our own conclusions ...
I made a hasty dash into the Metrocentre last night. It was more or less closing time and all the disabled bays were empty. So I parked in the one nearest the entrance. Came back and the UKPC fella was taking a photo of the car. Told him if he wanted to waste his employers money on a POPLA appeal they'll lose I'll be happy for home to issue a ticket.
ReplyDeleteHe went off mumbling but I'm sure there was a "feck" in there somewhere.
Ticket? Speculative invoice ;)
DeleteDo you think for a second that if they needed the funds from these invoices they wouldn't be kicking up more of a stink? Couple this with the fact that more and more people are going GPEOL and wising up to the scam, it's wasted time and effort at PoPLA.
ReplyDeleteDespite being regularly spanked at PoPLA and in Court, the likes of Parking Eye are making enough from those who pay up through ignorance or intimidation to make current levels of PoPLA cases irrelevant.
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