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#Post#: 72212--------------------------------------------------
Re: CP Plus - no permit Hicks Lodge
DIR By: Hinckleycb
Date: May 19, 2025, 10:51 am
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Just wanted to say a big thank you to you both for your help,
I've had popla email this morning confirming my appeal has been
upheld and I no longer need to pay them 🙌
#Post#: 72229--------------------------------------------------
Re: CP Plus - no permit Hicks Lodge
DIR By: b789
Date: May 19, 2025, 11:51 am
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@Hinckleycb, please post the POPLA appeal response in full,
including the assessors name and the POPLA reference number. You
can, of course, break up the wall of text that a POPLA response
is sent as, to make reading it a bit easier for us.
We need to see on which point of your appeal the POPLA assessor
decided to hang their decision on.
#Post#: 72258--------------------------------------------------
Re: CP Plus - no permit Hicks Lodge
DIR By: Hinckleycb
Date: May 19, 2025, 1:18 pm
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There you go
Decision
Successful
Assessor Name
Jason Cookson-Dean
Assessor summary of operator case
The parking operator has issued a parking charge notice (PCN) as
there is no record of a payment for parking on the date in
question.
Assessor summary of your case
The appellant has raised the following points from their grounds
of appeal: • They are the registered keeper of the vehicle, and
the driver has not been identified. • The operator cannot use
the Protection of Freedoms Act (PoFA) 2012 as the land is under
statutory control, operating under the Forestry Act 1967. After
reviewing the parking operator’s evidence, the appellant
reiterates their grounds of appeal. The appellant has provided a
link to the Forestry Commission Byelaws 1982 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
there is no record of a payment for parking on the date in
question. The appellant’s case is that the operator cannot use
the Protection of Freedoms Act (PoFA) 2012 as the land is under
statutory control, operating under the Forestry Act 1967.
Looking at The Forestry Commission Byelaws 1982 the Byelaws
could be interpreted in two ways. Firstly, that there are
Byelaws covering parking, so it is land under statutory control.
Or, that paragraph 2 (a) (ii) says the relevant Byelaw does not
apply to an area the commissioners have set aside for parking.
It is for the parking operator to rebut the appeal by making its
argument as to the interpretation of these Byelaws. For example,
they could have explained or provided evidence that the relevant
area has been set aside for parking by the commissioners and is
therefore not subject to the Byelaws. But it has not done so,
therefore, as the operator has not rebutted the appellants
grounds, I must allow the appeal. 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.
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