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#Post#: 44795--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: DWMB2
Date: November 9, 2024, 2:24 pm
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POPLA are running at a fair delay at the moment.
I wouldn't waste money instructing a solicitor.
If you haven't or don't plan to, then I wouldn't claim that you
are going to do so. If one of your main complaints is that the
operator has been dishonest pursuing you for money, bluffing
about solicitors might not do your credibility much good.
#Post#: 44837--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: Sarf London
Date: November 9, 2024, 5:22 pm
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Not a bluff - depending on the outcome.
#Post#: 44838--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: DWMB2
Date: November 9, 2024, 5:35 pm
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In which case, as you were.
Do keep us up to date with any progress that your solicitor
achieves.
It would also be useful to know how long POPLA do eventually
take - a recent poster got a outcome after around 7 weeks,
certainly longer than the ambitious 2-4 they claim!
#Post#: 44850--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: b789
Date: November 10, 2024, 12:57 am
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You can log onto the POPLA website with your POPLA reference
number and the password they issued you and see at what stage
your appeal is at. Probably still at the “in progress” stage.
If POPLA do respond to your email, please show us, so that we
know what their excuse is.
#Post#: 45645--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: Sarf London
Date: November 14, 2024, 1:36 pm
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Decision Successful
Assessor Name xxxxxxxxxxxxxxxx
Assessor summary of operator case
The parking operator has issued a parking charge notice as the
vehicle was not parked within a marked bay.
Assessor summary of your case
The appellant has raised the following points from their grounds
of appeal:
• Driver Liability not established – the Notice to Driver is not
compliant with Schedule 4 of the Protection of Freedoms Act 2012
(POFA).
• Keeper Liability not established - The Notice to Keeper is not
compliant with POFA.
• No breach of contract.
• Inadequate signage.
• No evidence of landholder authority.
After reviewing the parking operator’s evidence, the appellant
reiterates their grounds of appeal and raises new grounds of
appeal advising:
• The operator refers to pre estimate of loss/breach of consumer
contracts 1999.
• The copy of the notice to driver does not match the notice to
driver that was placed on the vehicle.
• The notice to driver attached to the vehicle had crucial
information cut off.
• They were unable to provide the PCN number as this information
was cut off.
• The operator has submitted inaccurate and misleading
information on the notice to driver.
• The photos show that they were parked in what appeared to be a
bay.
The appellant has provided a photo of the PCN that was attached
to the windscreen, photos of the appellants vehicle parked on
the day of the event and copy of the notice to keeper that the
operator issued as evidence to support their appeal. The above
evidence will be considered in making my decision.
Assessor supporting rational for decision
I am allowing this appeal, with my reasoning outlined below:
When an appeal comes to POPLA the burden of proof begins with
the operator to evidence that the PCN has been issued correctly.
In this case the operator has issued the PCN to the appellant as
the vehicle was not parked within a marked bay. The appellant
has identified themselves as the registered keeper of the
vehicle. PoFA paragraph 8 (2) (g) states: “inform the keeper of
any discount offered for prompt payment and the arrangements for
the resolution of disputes or complaints that are available;”
Looking at the Notice to Keeper sent on 5 August 2024 it does
not inform the keeper of the discount, it advises that the
discounted amount no longer applies. Therefore, the Notice to
Keeper does not comply with PoFA and I must allow the appeal. It
is worth also mentioning that the original notice to driver that
was attached to the windscreen of the vehicle has been cut off,
and important information is missing, for example the full PCN
number and the full vehicle registration. The copy of the
original PCN provided by the operator in their evidence does not
match the dates that are visible on the original notice o
driver. The appellant has raised other grounds in their appeal,
but as I am allowing the appeal, it is not necessary for me to
address these.
Thanks for your help guys. Pouring a large one. I notice that
the assessor went for POFA compliance on the NtK as a reason to
uphold but the assessor did at least acknowledge the blatant
incompetence leading to potential fraud that these intellectual
pygmies attempted.
#Post#: 45646--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: DWMB2
Date: November 14, 2024, 1:49 pm
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Winner winner, well done, and thanks for the update!
--- Quote ---
> I notice that the assessor went for POFA compliance on the NtK
as a reason to uphold
--- End Quote ---
As one ground to uphold is all that's required, as soon as they
find one they don't bother assessing the others. If I were a
betting man, I'd wager that where there are multiple potential
successful grounds, they pick the 'easiest' one and use that.
#Post#: 45675--------------------------------------------------
Re: Winscreen ticket - Sainsburys Merton, with a twist
DIR By: b789
Date: November 14, 2024, 7:38 pm
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Interesting that the POPLA assessor has found a PoFA flaw that
we did not raise. The only flaw we raised with the NtK was the
lack of an invitation to the Keeper to pay the charge as per
8(2)(e)(i).
The assessor has gone for failure of 8(2)(g) which wasn’t even
brought up.
One to consider for the future.
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