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FightBack Forums _ Completed Case Summaries _ THIRD WIN OUT OF 3 AT POPLA AGAINST NPS
Posted by: busman Thu, 12 Apr 2018 - 00:17
Post #1373742
Mid last year,I parked up at Cross street retail park,Long Eaton,Nottingham,NG10.I overstayed my welcome and got a ticket in the post.I appealed to Northern Parking Services but it was refused.I appealed at POPLA and won.Late last year,a work colleague got a ticket,same palce,still the same NPS.I did a letetr of appeal for him but NPS rejected that,so it went to POPLA.They allowed the appeal(result in february 2018).The latest one was for a pensioner friend of mine.same place,same NPS,same appeal refusal.POPLA allowed the appeal on the basis that NPS's contract with the land owner was dated 5th April 2015.The contravention occured on 2 jan.2018.Ashlea Forshaw,the adjudicator stated "AS the witness statement does not state how long the contract is valid for,or if this is a rolling contract,I cannot determine that the operatorstill had permission to operate and issue parking charges on the land,on the date the appellant parked.As such,the operator failed to prove that it still has the required authority to operate on the land in question,and has failed to meet the requirements set out in sch.7 of the bpa code of practice.I note the appellant has raised other issues as grounds of appeal.however,as I have allowed the appeal, for this reason,I did not consider them.Accordingly,I must allow this appeal".
Posted by: rich2568 Mon, 23 Jul 2018 - 19:35
Post #1401657
Did you visibly see the "NPS Contract" between NPS and the Land Owner?
Posted by: busman Sun, 29 Jul 2018 - 22:14
Post #1403516
I did.It was in their POPLA pack.It was the POPLA adjudicator who said they do not believe that their contract is still valid as it did not have any length of time remaining on it.Basically, a use by date,I suppose.And because of this "Error", POPLA came to their decision.
I bet NCP now have a new contract with the land owner, and with a "Use by " date included.
Posted by: roythebus Tue, 7 Aug 2018 - 13:42
Post #1405934
Better not overstay again in there! 
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