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POPLA appeal success v Premier Park (Leicester Grosvenor Casino Car Park)
keeper1
post Sat, 11 Feb 2017 - 17:21
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Original thread (full body of appeal in post #7): http://forums.pepipoo.com/index.php?showtopic=110066

The rationale given by the assessor was the contract between the operator and land owner did not state the operator had the authority to pursue outstanding parking charges, and the assessor found that was sufficient to allow the appeal and didn't need to consider anything else. Maybe this can be a strong evidence rebuttal point for a lot of cases.

POPLA appeal points were:
1. Notice to Keeper not compliant with PoFA ("29 days" error, contrary to POFA paragraph 9(2)(f))
2. Keeper liability was not established
3. Inadequate signage
4. No proof of authority to manage the car park

Evidence rebuttal points were:
1. Premier Park had not shown it is pursuing the driver & cannot use POFA
2. Redacted contract with landowner and no names by the signatures (and pointing out PP were known to forge agreements/signatures)
3. Mistake within their Case Summary section of the evidence pack
4. Inadequate signage that a driver would struggle to read the signs

POPLA decision details:

Decision: Successful

Assessor Name: XXXXX XXXXXXXXX

Assessor summary of operator case:
The operator’s case is that the appellant’s vehicle was parked on site without being authorised to do so.

Assessor summary of your case:
The appellant’s case is that the operator does not have the relevant authority from the landowner to issue and pursue Parking Charge Notices (PCNs) at this site. The appellant believes that the operator has not complied with the Protection of Freedoms Act 2012 (PoFA 2012). The appellant believes that keeper liability has not been established. The appellant feels that the signage displayed on site is inadequate.

Assessor supporting rational for decision:
In his grounds for appeal to POPLA, the appellant has questioned the operator’s authority in issuing and pursuing PCNs at this particular site. Section 7.1 of the British Parking Association (BPA) Code of Practice sets out to parking operators that “if you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent). The written confirmation must be given before you can start operating on the land in question and give you authority to carry out all aspects of car park management for the site you are responsible for. In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.” The operator has provided POPLA with a copy of the contract between itself and the landowner. I note the contract does not state that the operator has the authority to “pursue outstanding parking charges”. It is the responsibility of the operator to provide POPLA with sufficient evidence in order to rebut the appellant’s claims and prove that it issued the PCN correctly. On this occasion, I acknowledge the reason that the operator issued the appellant with a PCN, however, I am not satisfied that the operator has met the appellant’s grounds for appeal. I conclude that the operator issued the PCN incorrectly. I note the appellant has raised other issues as grounds for appeal; however, as I have decided to allow the appeal for this reason, I do not feel they require further consideration.
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