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POPLA appeal won against CPP
Mujahid
post Wed, 26 Jul 2017 - 13:01
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POPLA code 3581377030

Date 10/07/17

Assessor: Alexandra Roby

Decision:

While I acknowledge that the appellant has raised a number of grounds for appeal, my report will focus solely on landowner authority as this supersedes the other aspects of the appeal. Section 7.1 of the BPA Code of Practice outlines to operators, “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 the authority to carry out all the aspects of car park management for the site that 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 not provided any evidence in response to this ground of appeal. Ultimately, the burden of proof lies with the operator to show that the appellant has not complied with the terms and conditions of the car park. While I acknowledge the operator has provided sufficient evidence of the terms and conditions of the car park, they have not provided any evidence of the landowner authority. As such, I am unable to establish whether the operator has the authority to issue PCNs for this car park. Upon consideration of this evidence, I cannot confirm that the PCN has been issued correctly. Accordingly I must allow this appeal.

Link to original case http://forums.pepipoo.com/index.php?showtopic=113697
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