Dealing with idiots (sorry PPCs!)

So...I had my reply back from a POPLA appeal last week (the appeal thanks to the help of the guys at Pepipoo)

The case was UKPC vs The Trainbasher...and predictably I won with flying colours!

Heres what POPLA had to say (Thanks Mr Westaby for the predicatble descision

The Operator issued a parking charge notice arising out of the presence at Merry Hill Shopping Centre on 24 June 2013, of a vehicle with registration mark TRAINBASHER.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined that the appeal be allowed

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

It is the Operator’s case that a parking charge notice was correctly issued, given that the Appellant parked on site in a clear contravention of the terms and conditions for parking. It is the Appellant’s case that, amongst other things, the charge does not represent a genuine pre-estimate of loss.

The parking charge appears to be a sum sought for liquidated damages, in other words, compensation agreed in advance. Accordingly, the charge must represent a genuine pre-estimate of the loss any breach may cause. The Appellant has requested that the Operator show a loss of income. The estimate must be based upon loss flowing from a breach of the parking terms. This might be, for example, loss of parking revenue or even loss of retail revenue at a shopping centre.

The Operator has failed to address this issue. 

I must allow the appeal on this ground.

I need not decide on any other issues.

Matthew Westaby

Assessor