06-03-2026, 03:43 AM
@TheParkingmeister, so the PPM POPLA decisions based on standing/authority are really a separate issue from this thread.
Am I right in understanding that the POPLA appeal for this PPS case was allowed solely on signage grounds?
If so, that's actually quite refreshing to see. Many assessors simply accept the operator's site plan and stock photographs at face value. This assessor appears to have looked at the actual circumstances from the driver's perspective and recognised that the existence of a sign somewhere on a site map does not prove that the terms were adequately brought to the motorist's attention.
The observation that the visible sign was positioned behind the vehicle and angled away from it, coupled with the lack of evidence that the other signs were actually present, seems a perfectly sensible application of the burden of proof. The operator was required to demonstrate that the terms were sufficiently prominent and failed to do so.
Also, could you start a new thread regarding the PPM case referred to yesterday (no contract/standing/authoriy) so that I can know the location and the details behind that PCN?
Am I right in understanding that the POPLA appeal for this PPS case was allowed solely on signage grounds?
If so, that's actually quite refreshing to see. Many assessors simply accept the operator's site plan and stock photographs at face value. This assessor appears to have looked at the actual circumstances from the driver's perspective and recognised that the existence of a sign somewhere on a site map does not prove that the terms were adequately brought to the motorist's attention.
The observation that the visible sign was positioned behind the vehicle and angled away from it, coupled with the lack of evidence that the other signs were actually present, seems a perfectly sensible application of the burden of proof. The operator was required to demonstrate that the terms were sufficiently prominent and failed to do so.
Also, could you start a new thread regarding the PPM case referred to yesterday (no contract/standing/authoriy) so that I can know the location and the details behind that PCN?
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
