Reasons for the Assessor’s Determination
It is the Appellant’s case that the parking charge notice was issued
The Operator has not produced a copy of the parking charge notice, nor any evidence to show a breach of the conditions of parking occurred, nor any evidence that shows what the conditions of parking, in fact, were.
Accordingly I have no option but to allow the appeal.
Chris AdamsonThe operators have clearly thrown in the towel on this issue and accepted that their charges cannot be justified.
However, this raises the serious concern of why these charges were ever imposed in the first place. The parking operators concerned are relying on fear and uncertainty to make their money. They know that a robust challenge will see the charge cancelled by POPLA, but know that most motorists pay up. They also rely on the fact that POPLA continually refuse to explain on their web site that a motorist can challenge a charge for breach of contract on the grounds that it is not a true pre-estimate of loss.
If the operators have accepted that their charges will always be cancelled by POPLA then they should lose the right to issue them, period!
The British Parking Association and the DVLA continue to refuse to address this issue.
Here is a list of recent cases
JAS Parking Solutions http://forums.pepipoo.com/index.php?showtopic=87223
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4865624
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4864966
MET Parking http://forums.moneysavingexpert.com/showthread.php?t=4804998
Some operators are not even bothering to go to POPLA
MET Parking http://forums.pepipoo.com/index.php?showtopic=87889