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Messages - Sm86

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1
Will do. 

Shocked Popla are so useless.  Won't give people confidence to challenge tickets when the assessors are so incompetent.

2
What a waste of time that was... The complaint response is probably worse than the initial decision.  I genuinely had no idea Popla was so bad.

Anyway, the response -

Dear XXXXXX

Your complaint about POPLA decision XXXXXXX

Thank you for your email outlining the reasons why you’re unhappy with the decision that has been reached by the assessor in your appeal. This was passed to me by the POPLA team as I’m responsible for investigating complaints.

It’s worth pointing out that before submitting an appeal, our website informs appellants that POPLA is a one-stage appeal service and we cannot reconsider your appeal if you disagree with our decision.

Having reviewed your correspondence, I’ve noted the crux of your complaint is that you are unhappy with the outcome reached in the assessment of your appeal. You believe that the assessor has made mistakes when considering the Protection of Freedoms Act 2012.


Having reviewed both the appeal and your complaint, I’m satisfied the decision reached is appropriate based on the evidence presented.

In closing, I’m sorry that your experience of using our service has not been positive. However, POPLA’s involvement in your appeal has now ended and this response concludes our complaints process. It will not be appropriate for us to correspond further on this matter and all further correspondence will be noted on your case, but not responded to.

You are of course, free to pursue this matter further through other means, such as the Courts. For independent advice, you may wish to contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).


Yours sincerely,

Alex Roby

POPLA Complaints Team


5
Is the best approach to totally ignore them if they begin debt collection?

Or send a letter objecting and invite court action if they disagree?

I used to work in the debt sector and would do this for statue barred debt. Not sure if this is a good approach here

6
That's good to know.  Let's keep going 🤷🏻‍♂️

Am I waiting for a debt collection letter now before we take our next steps?

And is it worth lodging a complaint with Popla about our friend Natalie?

7
Ok.  Is it ultimately a civil case that could end up in court?

What's your experience with cases like mine?  Obviously we hoped Popla would handle it properly but that hasn't happened.  Once a Popla decision hasn't gone in your favour, would that essentially weaken the case if it ended up in front of a judge?

I assume I would be responsible for legal costs too should that happen?

8
Where do we stand now?

Is the Popla process exhausted?

Do I pay the fine?

9
I thought so.  Seems to totally ignore the grounds for challenging.

Her name is Natalie Matthews

https://ibb.co/67TD849m

10
Some bad news arrived today.  Popla rejected the appeal.

This was their response -

Decision
The operator has provided photographic evidence of the signage in place in the car park, which details the terms and conditions of parking. The signs advise that the car park is an authorised users only car park. The signage goes on to state that failure to meet the above terms will result in a PCN being issued for Ł100. The Protection of Freedoms Act (PoFA) is a law that allows parking operators to transfer liability to the registered keeper in the event the driver or hirer is not identified. In this case, it is not clear who the driver of the appellant’s vehicle is, so I must consider the Protection of Freedoms Act (PoFA) 2012, as the operator issued the Parking Charge Notice (PCN) to the keeper of the vehicle. The operator has provided me with a copy of the notice to keeper sent to the appellant. I have reviewed the notice to keeper against the relevant sections of PoFA 2012 and I am satisfied that it is compliant. I will therefore be assessing the appellant’s liability as the keeper of the vehicle. Furthermore, I acknowledge their comments about the words on POFA being verbatim, however, this is not the case. The requirements of 9(2)(a) to (i) must state the various requirements. Whilst I concede that they have not followed the exact format from (a) to (i), and possibly not the words to the letter, they have covered all the requirements of POFA. The PCN is issued within 14 days of the parking event. The PCN stipulates the reason for the PCN and includes images of the offending vehicle. The PCN informs the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; and describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable. It goes on to specify the total amount of those parking charges that are unpaid, as at a time which is specified in the notice; and no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)). It also says that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— to pay the unpaid parking charges; or if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver. The PCN also makes it clear that Secure Parking Solutions LTD is the creditor. The PCN warns the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. The PCN also goes on to inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available, identify the creditor and specify how and to whom payment or notification to the creditor may be made specify the date on which the notice is sent (where it is sent by post) or given (in any other case). Therefore, I am satisfied that the PCN meets POFA. I acknowledge they feel the never rebutted their appeal points during the initial appeal. If the appellant has any issues surrounding the operator’s appeal process, they will need to take this up with the operator directly. POPLA is an appeals service; we are unable to comment on the operator’s appeal process. Customer service issues should be directed to the operator. Ultimately, it is the responsibility of the motorist to ensure compliance with the terms and conditions of the car park. In this instance, as the driver was not a authorised to use the car park, they were not permitted to park in the car park. Accordingly, I must refuse this appeal.

11
Unfortunately not.  It says once submitted that's it.

12
I submitted this today.  Thanks so much for all your help, it really is appreciated.  I will keep you updated on the outcome.

13
To be honest it's all a bit confusing to me and I have just been following @InterCity125 guidance

Hopefully he will see me through this 🙏🏻

14
They have given me 7 days to respond.

15
They responded with the following -

Summary
1. Introduction Secure Parking Solutions Ltd (the “Operator”) respectfully submits this response to the appeal made by the registered keeper. The Parking Charge has been issued correctly following a clear breach of the advertised Terms and Conditions at the site. The site operates as a private land customer-only parking facility, strictly limited to patrons whilst they are physically present on the premises. The contravention occurred when the vehicle remained on site without meeting this requirement. 2. Keeper Liability – Protection of Freedoms Act 2012 (PoFA) The appellant’s primary argument relates to alleged non-compliance with Schedule 4 of the Protection of Freedoms Act 2012 (PoFA), specifically Paragraph 9(2)(e). The Operator confirms: A Notice to Keeper (NtK) was issued on 04/02/2026, within the statutory timeframe required under PoFA. The NtK includes all mandatory statutory elements, including: Identification of the creditor; Details of the parking event; The outstanding Parking Charge; The period of parking; The circumstances under which the charge became payable. Response to Appellant’s Specific PoFA Arguments: Appeal Point 1 – “NtK does not state the creditor does not know the driver details” The NtK substantially complies with PoFA requirements. The legislation does not require verbatim replication of statutory wording, but rather that the notice conveys the required information clearly. The NtK confirms that liability may be transferred to the keeper in the absence of driver details, thereby fulfilling the statutory intent. Appeal Point 2 – “No valid invitation to keeper” The NtK provides the keeper with: The option to pay the outstanding Parking Charge, or The ability to identify the driver and provide a serviceable address This satisfies the requirement of Paragraph 9(2)(e) and 9(2)(e)(ii). Appeal Point 3 – “No invitation to pay” The NtK clearly states that the Parking Charge is payable and provides instructions on how to make payment. This constitutes a valid and compliant invitation to the keeper. Accordingly, full compliance with PoFA has been achieved, and keeper liability has been correctly established. 3. Nature of the Site and Contractual Position This is not a pay & display or public parking facility. The signage clearly states: “Patrons only whilst on the premises.” This constitutes a conditional licence to park, forming a legally binding contract when a driver enters and remains on the land. The driver is permitted to park only if they are a genuine customer and remain on-site. Any deviation from this condition results in a contractual breach. By leaving the premises or failing to meet the patron requirement, the driver breaches the contractual terms, thereby triggering the Parking Charge. This position is supported by established case law, including: ParkingEye Ltd v Beavis [2015] UKSC 67 – confirming that parking charges on private land are enforceable where terms are clear and prominently displayed. 4. BPA Code of Practice Compliance The Operator is a member of the British Parking Association (BPA) and fully complies with the BPA Code of Practice. Signage (Section 19 & 21 of BPA Code) The site has: 1 entrance sign 2 Terms and Conditions signs Signage is: Clearly visible upon entry; Positioned to be readable before parking; Written in clear and intelligible language. The signage explicitly states the restriction to patrons only, ensuring transparency and compliance with: Consumer Rights Act 2015 (fairness and transparency of terms) Grace Periods (Section 13 of BPA Code) The appellant has not raised grace periods, however for completeness: Grace periods apply only where a permitted parking session exists (e.g., paid parking or maximum stay). In this case: The vehicle was not authorised to park at all, as the driver was not a patron. Therefore, no grace period applies. 5. Evidence of Breach The Operator relies on: MNPR camera evidence, confirming: Entry time: 13:31:03 Exit time: 13:37:10 Duration: 6 minutes 7 seconds No evidence of patron activity or authorisation. The duration is sufficient to establish that: The driver entered, Parked, And remained without complying with site conditions. 6. On the Appellant’s Interpretation of Contract Law The appellant attempts to argue technical deficiencies in statutory wording. However: POPLA assesses substantive compliance, not hyper-technical drafting arguments. The Operator has met: Statutory requirements under PoFA Contractual transparency requirements under Consumer Rights Act 2015 Operational standards under BPA Code of Practice The contractual terms were: Clearly displayed, Reasonable, And enforceable. 7. Conclusion The vehicle was parked in breach of clearly displayed Terms and Conditions. The Parking Charge was issued in accordance with: Protection of Freedoms Act 2012 BPA Code of Practice Established case law (ParkingEye v Beavis) Keeper liability has been correctly established. The appellant’s arguments regarding PoFA non-compliance are unfounded. 8. Request to POPLA In light of the above, Secure Parking Solutions Ltd respectfully requests that POPLA: Reject the appeal, and Uphold the Parking Charge in full.

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