The Prankster loses to Smart Parking at POPLA!!!!!!!!

The Prankster lost his latest appeal at POPLA, which he fought mainly on the grounds that the Operator had not included their Parking Charge Notice with the evidence pack. This surprised The Prankster, as this was listed as a requirement in the Lead Adjudicator's secret May newsletter to the parking companies.


Here is The Prankster's appeal

The vehicle visited the site twice on the day in question and was therefore not parked for the duration the operator states. This is a first in-last out error.

The operator does not include a copy of the original parking charge notice (or a true copy of it)

The included extract from the POPLA May newsletter notes that this information is required in every case:

Extract from POPLA May newsletter:
Evidence

Just like every court, tribunal, ombudsman and arbitration service, in order to consider appeals effectively, POPLA requires certain basic information to be provided in every case.

This is what we require:
A copy of any notice issued under Schedule 4 of the Protection of Freedoms Act 2012 must be produced.
The original parking charge notice (or a true copy of it)
· The appellant’s representations to the operator
· The operator’s rejection of those representations

Here is the adjudicator's decision.

Reasons for the Assessor’s Determination

On 10 April 2013 the operator issued a parking charge notice to a vehicle with registration mark CST U327. The operator recorded that the vehicle was parked for longer than the permitted time of 2 ½ hours.

The operator’s case is that the appellant’s vehicle was parked for longer than the permitted time. The operator has also submitted the Automated Number Plate recognition images to prove this. The operator submits that the signage at the site clearly displays the terms and conditions of parking.

The appellant’s case is that they were not parked for longer than the permitted time. The appellant submits that they left the car park and then re-visited the site later in the day. However, the appellant has not submitted any evidence to prove this

Upon considering all the evidence before me, I find that the appellant’s vehicle was parked for longer than the permitted time. I also find that the appellant was in breach of the terms and conditions of using the site.

Accordingly, this appeal must be refused.

Amber Ahmed
Assessor

The Assessor seems to have missed the Prankster's main appeal point, which was that the operator did not include a Parking Charge Notice with their evidence pack.

The Prankster has of course been spurred into immediate action. He raised a complaint with POPLA that the assessor did not consider all his points. He will wait until this is heard before publishing the full case. He wonders whether the Lead Adjudicator will reverse his requirement, published in the May newsletter, that the Parking Charge Notice must always be submitted with the evidence so that the operator will win the appeal. It seems POPLA's procedures are fairly fluid, depending mainly on the whims of the parking companies. Perhaps The Prankster underestimates the Lead Adjudicator's courage and will be pleasantly surprised.

Still, on the bright side, if Smart Parking choose to continue to court presumably The Prankster will finally get to know if they actually have a contract with Asda.

Meanwhile, here is a picture of a squirrel.


Happy Parking

The Parking Prankster