Porking Pie PCN, PoFA and Scotland

peter_the_piper

Now that is really unkind, I like it.

The_Slithy_Tove

taffy056 wrote: »

It won't cost them £32 though as they cannot use popla in Scotland at all

Says who? After all, POPLA is essentially just an appeals process for private parking tickets, not a channel for, or component of Registered Keeper liability. They are separate (even though the one was forced on the PPCs in order to get the other).

So why not have an appeals process for Scotland? If the PPC wins an appeal, then they can continue to pursue (and be ignored by) the DRIVER (if they know who that is).

taffy056

The_Slithy_Tove wrote: »

Says who? After all, POPLA is essentially just an appeals process for private parking tickets, not a channel for, or component of Registered Keeper liability. They are separate (even though the one was forced on the PPCs in order to get the other).

So why not have an appeals process for Scotland? If the PPC wins an appeal, then they can continue to pursue (and be ignored by) the DRIVER (if they know who that is).

POFA 2012 that says its for England and Wales only

The_Slithy_Tove

taffy056 wrote: »

POFA 2012 that says its for England and Wales only

Playing Devil's Advocate here a bit .

Schedule 4 of the POFA is England & Wales only, yes. But the POFA does not mention an appeals process at all. It is only about RK liability.

POPLA was a condition for getting Scedule 4 enacted. That's the only "link". It's not a statutory body or anthing like that. There is no Act of Parliament bringing it into existence or determining its scope. Surely there's nothing stopping the PPCs/BPA allowing Scots to use POPLA to, how shall I put it, attempt to put a legitimate veneer on their shoddy practices.

jayyar66

Well, thats the 'appeal' posted, wonder if they'll accept it? But wait a minute . . . . did I forget to put a stamp on the envelope?

taffy056

The_Slithy_Tove wrote: »

Playing Devil's Advocate here a bit .

Schedule 4 of the POFA is England & Wales only, yes. But the POFA does not mention an appeals process at all. It is only about RK liability.

POPLA was a condition for getting Scedule 4 enacted. That's the only "link". It's not a statutory body or anthing like that. There is no Act of Parliament bringing it into existence or determining its scope. Surely there's nothing stopping the PPCs/BPA allowing Scots to use POPLA to, how shall I put it, attempt to put a legitimate veneer on their shoddy practices.

But to get keeper liability they needed something that people could make a so called appeal independently, obviously there is no legislation in that regard as its not statuary as you say, but the bpa says that popla cannot be used in Scotland

How will the Independant Appeals Service differentiate when a Notice to Keeper is issued to a driver in Scotland where the Freedoms Act wiil not apply?

Each operator will be required to have processes in place to differentiate the origin of the parking ticket. If a Notice to Keeper is issued to a driver under the terms of PoFA, it will not be lawful. However that driver will also not have the privilege of using the independent appeals service.

peter_the_piper

Privilege!!!!!! Ha Ha.

jayyar66

Got a reply back from Mike Butler today. . .
Quote:
You are correct, POFA does not apply in Scotland.
We are conscious that there are some bedding in problems since October 1st so will discuss with the BPA and Parking Eye.
Unquote
Shame, doesn't look like PE will get into much cack over this

ManxRed

They will if they keep doing it.

jayyar66

Well, I'll go to the foot of our stairs!! At least, I would if I didn't live in a bungalow!! Following my letter to P.E 'appealling' their charge (in the hopes of it costing them money through POPLA) I got a letter from P.E this morning saying that they'd cancelled the charge and there was nothing outstanding on the account. Yah boo sucks I was quite looking forward to another deluge of letters from them. Oh well, better luck next time