Thank you all for all your help, will let you know what happens with POPLA.

POPLA wont consider supremacy of contract so dont be surprised if they turn you down

Hi everyone,

just to let you know that I was successful in winning my appeal at POPLA in October.

It has been very stressful and really affected me to the point that the whole thing made me unwell.

Thank you all for your help and assistance.

What won it?

Hi dk100uk, have cut and paste the conclusion below:

'The appellant states that the operator has provided no evidence to confirm that they have landowner authority to issue the PCN.

Section 7.1 of the BPA Code of Practice states: “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)”.

Section 7.3 continues: “7.3 The written authorisation must also set out: a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement”.

In order to prove that it has the necessary landowner authority to issue the PCN, I would expect the operator to provide written landowner authority or a valid witness statement to rebut the appellant claims.

However, the operator has only provided a document that confirms that the landowner has extended a contract. I cannot determine from the extension what the operator’s responsibilities are and whether it has authority to issue PCN’s. The appellant has raised other grounds of appeal. However, I do not consider it necessary to consider these, as I have already allowed the appeal on the above basis.

Accordingly, I do not conclude that the operator has correctly issued the parking charge and will allow the appeal'.

Very stressful ordeal!!

Well done to you for not giving in!

The second victory on the forum in a few hours today, brilliant news.

Great stuff.

Blimey popla must be toughening up

Think? ThaT the 1st time weve ever seen them get involved in land ownership/contract issues??

Under the old POPLA contract with the London parking adjudicators scheme this was always a big thing but since it went to Ombudsmanservices ltd the they seemed to accept a contract existed if the parking co said they had one rather than demanding to see it.

God to see they have toughend up on this.

Also you used to get to see what evidence the parking co had and get an opportunity to rebut it.

now they get to see yours and rebut but you cant see what they claim, only POPLA.

That could be awkward at some point in the future for them