POPLA reverse their final decision.

[DDavid]

Hi all!

 

POPLA decided my appeal against a "PCN" was successful.

 

However they have just reviewed the case after the operator challenged the decision a have given a Refused Appeal.

 

Had this happened to anyone else? And where does one stand with this?

[ericsbrother]

no, mainly because there isnt a mechanism to reverse a decision, it is final and binding on the operator.

It would be useful if you could post up the communication you have just received with your name and the case no blanked out but all of the other parts left in so we can learn from this.

I would be asking for a copy of all of the correspondence between POPLA and the other parties. Tell them that you require it under CPR 31.3

[armadillo71]

Hi all!

 

POPLA decided my appeal against a "PCN" was successful.

 

However they have just reviewed the case after the operator challenged the decision a have given a Refused Appeal.

 

Had this happened to anyone else? And where does one stand with this?

 

You haven't given any detail and you expect advice?

 

PPC? Reason for 'PCN', What was your POPLA appeal and why was the decision reversed for starters please....

[DDavid]

Thanks Ericsbrother and Armadillo71

 

PCN issued due to stopping or waiting where stopping or waiting restrictions are in force. PCN issued by postal mail 14 October 2015.

 

POPLA appeal successful on 19th Feb 2016 via POPLA Portal. Notified of decision by email. POPLA decision based on operator failed to comply with the regulations set out in PoFA 2012.

 

2nd Mar receive another email saying the case is to be assessed. Shortly thereafter receive another email saying a decision is avaiable on the portal. Log back in and still show successful appeal.

 

Operator sent a PCN payment saying that appeal was refused.

 

Speak to POPLA today and indeed the appeal was assessed and refused. Reason the portal is still showing a successful appeal. It must be stuck said POPLA. POPLA will mail me the new decision.

 

Reason for reassessment by POPLA said that the operator complained that key evidence in their favour was overlooked.

[ericsbrother]

so demand copy of their correspondence and if they dont agree tell them that the matter will be subject to legal action so you request it under CPR31.3

Also ask for a copy of the appeals procedures and rules that allow a final and binding decision to be overturned when it is stated that it cant be reconsidered.

 

In the long run the operator wont get a penny if your claim of non-compliance is probable as they will have to prove an awful lot now.

[DDavid]

ericsbrother , many thanks. Just sent an email to POPLA complaints.

[silverfox1961]

Hi

In my opinion this is all wrong.

 

Once an appeal has been heard and assessed, that should be in and in fact, on the POPLA website they state that you cannot change the decision once adjudicated. If they are now allowing the parking companies to appeal the appeal then that is unfair practice and that should be challenged.

 

Can you post up the original successful appeal and the U turn appeal as well (minus identifying data.