Popla Website

jkdd77

patman99 wrote: »

I've contacted my MP (Priti Patel) to ask her if it is legal for an organisation, company or individual to provide false information with the intention of influencing a law.

I await her reply.

I would say that deliberately and knowingly providing false information in order to obtain a pecuniary gain amounts to fraudulent misrepresentation, and that deliberately lying to Parliamentary committees debating the (then) Bill (as appears to have happened) amounts to 'contempt of Parliament'.

On the same subject of 'contempt of Parliament' I also recall the Government repeatedly assuring Parliament that RK liability would not be introduced until and unless:
1) there was a genuinely independent appeals process;
2) the adjudicator was entitled to assess whether the PPC had sufficient interest in the land to offer parking, and whether the charge was a penalty charge and so unenforceable at law;
3) the result of the 'appeal', if upheld, was binding on the PPC

It appears that none of these will be the case, since the process is wholly controlled by the BPA, the "assessor" is specifically barred from addressing the strongest grounds of appeal, and the BPA Q & As tells PPCs that they are still entitled to sue if they disagree with an "assessor's" decision.

taffy056

In regards to number three, there was always the option for the small claims for the ppc if they win the appeal, and someone ignores. we were told that from the start. But if they lose the appeal they cannot go to court as the matter ends there. The other points is just speculation right now as we really don't know if this true.

jkdd77

taffy056 wrote: »

In regards to number three, there was always the option for the small claims for the ppc if they win the appeal, and someone ignores. we were told that from the start. But if they lose the appeal they cannot go to court as the matter ends there. The other points is just speculation right now as we really don't know if this true.

Re: point 3
http://www.britishparking.co.uk/Protection-of-Freedoms-Act/Clamping-and-towing-ban-FAQs

"What can I do if I disagree with the decision of the Independent Appeals Service?"
Ultimately everyone will always have the right of redress through the Courts and this cannot be taken away."

Re: points 1 and 2: the POPLA documentation (from the BPA website of all places) suggests that it is not allowed to consider appeals on non-BPA approved grounds.
http://www.britishparking.co.uk/write/Documents/AOS/POPLA_Appeal_Form,_Notes_and_Combined_Checklist_-_Sept_2012.pdf
"However, the fact that you think that the charge is excessive is not a valid ground of appeal."

There is no option to appeal on the grounds that the PPC has insufficient interest in the land to enter into a "contract" for parking, as per the VCS tax tribunal case.

Also, whilst the Home Office told Parliament that only BPA AOS members would be able to obtain RK details from the DVLA, there is already substantial evidence that some non-BPA members are obtaining this information via 'friendly' BPA members acting "on their behalf", or even directly from the DVLA regardless.

At the moment, RK liability will not necessarily apply in Wales, since the commencement order only brings section 56 and Schedule 4 into force in England:
http://www.legislation.gov.uk/uksi/2012/2075/article/3/made
3. The day appointed for the coming into force of the following provisions of the Act is 1st October 2012—
(a)section 54 (offence of immobilising etc. vehicles);
(b)section 55 (extension of powers to remove vehicles from land);
(c)section 56 (recovery of unpaid parking charges) in relation to England;
(f)Schedule 4 (recovery of unpaid parking charges) in relation to England;

It would be for the Welsh ministers to decide whether and when to bring section 56 and schedule 4 into force in Wales, and so far it appears that no such Wales-specific commencement order has been made.

taffy056

Thing is you are taking this document to heart, you don't know if it is all fact, until we see it from POPLA we don't exactly know what the appeal process is going to be. And all of the freedom's act particulars is being applied for Wales on the 1st of October. I don't know why you are assuming and the legislation will not apply to Wales as obviously as we have a our own government they will deal with this so its not going to be on this website.

The AOS side of things is something we already know like Ranger and probably roxburghe getting and passing on RK details illegally, if a non AOS gets dvla details and we find out about there are plenty here who complain to the dvla, they will know who got RK details

HardWorker2010_2

Looking forward to helping swamp the corrupt appeals system.

Perky and his ilk will soon have to get honest jobs...... I'll ask my friend at Anglian Water if they have any 'turd processing' positions avaialble....

bazster

I just did a WHOIS on https://www.popla.org.uk.

Who do you think registered it? London Councils? Er, nope, it was registered by...yes, you've got it...The British Parking Association!

Independent my a**e.

taffy056

bazster wrote: »

I just did a WHOIS on www.popla.org.uk.

Who do you think registered it? London Councils? Er, nope, it was registered by...yes, you've got it...The British Parking Association!

Independent my a**e.

Bloody hell now that is something of a shock lol

BASFORDLAD

London councils state it was the Lead ajudicator who took the lead role in deciding what people could and couldnt appeal on

taffy056

By the way they got the .co.uk of it as well, which is also owned by the bpa

http://www.popla.co.uk/

bazster

BASFORDLAD wrote: »

London councils state it was the Lead ajudicator who took the lead role in deciding what people could and couldnt appeal on

Well the minister Norman Baker said this:

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.

If the grounds for appeal do turn out to be as restrictive as the form on the BPA website suggests then they have effectively stuck two fingers up to the minister, and he will be hearing about it!