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Private parking tickets / Re: Elite Parking Management - Parked in Contractor/Visitor Bay without valid permit - British Estate
« on: March 28, 2026, 03:26:43 pm »
Happy to announce... POPLA have allowed the appeal!
"The appellant has raised the following points from their grounds of appeal. For the purposes of my decision, I have summarised these below. • The operator has failed to comply with Schedule 4 of the Protection of Freedoms Act (POFA) 2012. On reviewing the operator’s evidence, the appellant expands on their initial grounds of appeal. In support of their appeal, the appellant has provided the operators rejection letter and an image of the PCN.
Assessor supporting rational for decision
I am allowing this appeal, with my reasoning outlined below: In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. In order for the keeper to be liable for the parking charge, the operator has to follow the strict requirements of Schedule 4 POFA. In this instance, the operator has only provided a copy of the PCN that was issued to the vehicle. It has not provided a copy of the Notice to Keeper. Therefore, I am unable to determine if the operator has met the strict requirements of PFA. Accordingly, I must allow this appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these."
Many many thanks to all those who supported!
"The appellant has raised the following points from their grounds of appeal. For the purposes of my decision, I have summarised these below. • The operator has failed to comply with Schedule 4 of the Protection of Freedoms Act (POFA) 2012. On reviewing the operator’s evidence, the appellant expands on their initial grounds of appeal. In support of their appeal, the appellant has provided the operators rejection letter and an image of the PCN.
Assessor supporting rational for decision
I am allowing this appeal, with my reasoning outlined below: In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. In order for the keeper to be liable for the parking charge, the operator has to follow the strict requirements of Schedule 4 POFA. In this instance, the operator has only provided a copy of the PCN that was issued to the vehicle. It has not provided a copy of the Notice to Keeper. Therefore, I am unable to determine if the operator has met the strict requirements of PFA. Accordingly, I must allow this appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these."
Many many thanks to all those who supported!