Popla Website

BASFORDLAD

bazster wrote: »

The POPLA website directs complaints other than about misconduct by an adjudicator to the London Councils website/complaints procedure.

Accordingly I have made a formal complaint to London Councils.

I've sent them a few emails

bazster

Now got a response from London Councils saying that they've forwarded my complaint to POPLA! So even the Complaints page on the POPLA website is misleading!

BASFORDLAD

Response from Popla:

POPLA will consider appeals from motorists issued with parking charge notices arising out of the parking of vehicles on private land. POPLA cannot give legal advice and does not have the time or resources to engage with individuals or campaign groups in consideration of hypothetical situations, rather than actual appeals. However, much useful information can be obtained from our website at https://www.popla.org.uk.

Parking charge notices are issued by approved operators within the scheme. Penalty charge notices are issued by statutory authorities. Approved operators within the scheme cannot use terms such as ‘penalty notice’ or ‘parking enforcement notice’. Parking ‘tickets’ issued by other bodies or companies may be called a number of different things, and might include the use of such terms. However, these cannot be appealed to POPLA. In practice, many people refer to them all as ‘parking tickets’.

Schedule 4 of the Protections of Freedoms Act 2012 does not specify the grounds of appeal but does provide for certain situations, for example stolen vehicles. Thus, unlike the statutory tribunals, there is no prescription for the grounds of appeal. However, all parties are likely to find it useful if an appeal is focussed as a starting point.

POPLA Assessors will not be employed by, or answerable to, any party to an appeal or to the BPA.

We cannot speak for the other persons and organisations you have referred to in your emails.

POPLA does not replace the county court jurisdiction but may mean that a motorist who has received a parking charge notice is able to resolve a dispute without the matter having to go to court. The advantage for the motorist is that the operator will accept the Assessor’s decision.

The public has no rights of access to information from POPLA under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

I hope this clarifies matters for you. Thank you for your interest in POPLA.

bazster

What a shocking answer, a big 2-fingered-salute basically. Have you quoted the minister to them as regards ground for appeal?

We have made clear that the Independent Appeals Service should be, and be seen to be, fully independent, provide a free service to motorists and cover all tickets issued by members of the BPA's Approved Operator Scheme. It is intended that Independent Appeals Service will be able to rule, on a case-by-case basis, whether a parking operator has behaved reasonably and within relevant consumer protection legislation. Consideration will be given to the formation and existence of a contract to park on private land, taking into account relevant consumer protection law, such as in relation to the signage at the car park and the terms and conditions being relied upon. The Independent Appeals Service will also be able to assess whether or not a particular parking charge arises from a genuine pre-estimate of loss or if it includes an element of unenforceable penalty.

SodG24

Wow - talk about avoiding the question !

Time to bring down the system me thinks - if POPLA don't want to stick to the spirit of the act then we should make sure they are SWAMPED with appeals.

bazster

If you've already written to the minister and your MP, I guess the next stop would be this lot:

http://www.londoncouncils.gov.uk/aboutus/organisation/leadingmembers/default.htm

AlexisV

You may wish to point out that few people can see the benefit of appealing because the grounds of appeal are so narrow.

They state those signed up to the ATA 'cannot' use certain terms. Can they confirm they are stating that operators that breach BPA CoC is a ground for appeal?

Interestingly my own email has gone unanswered.

The_Slithy_Tove

Here's my non-response from POPLA regarding their grounds for appeal. Copy'n'paste?

Dear Mr Tove,

Further to your recent email.

POPLA will consider appeals from motorists issued with parking charge notices arising out of the parking of vehicles on private land.

Schedule 4 of the Protections of Freedoms Act 2012 does not specify the grounds of appeal but does provide for certain situations, for example stolen vehicles. Thus, unlike the statutory tribunals, there is no prescription of the grounds of appeal. However, all parties are likely to find it useful if an appeal is focussed as a starting point.

POPLA cannot give legal advice and does not have the time or resources to engage with individuals or campaign groups in consideration of hypothetical situations, rather than actual appeals.

However, much useful information can be obtained from our website at www.popla.org.uk.

Thank you for your interest in POPLA.

surfboy1

If POPLA can not find the time or resources to respond properly to emails now, god help them when the appeals start to flood in!
I feel sorry for them !
Not!

Rover_Driver

If the POPLA website is being run by the BPA (post 37), could that be why their answers are so unhelpful??