UKPPO Popla Appeal Help

wannabeatem

Jinx - What was the outcome?:(

Umkomaas

wannabeatem wrote: »

Jinx - What was the outcome?:(

Jinx hasn't visited the forum since 20 May 2015, so isn't likely to read your question. Try sending a PM with your question, they should receive an email to tell them you're trying to make contact.

Jinx_001

Hi all,

I did not hear anything back from POPLA until today, but I am confused with their response. They wrote;

"Dear xxxxxx

In light of the circumstance of the case and the submissions made the Lead Adjudicator has directed that the case be marked withdrawn.

This is because POPLA do not process appeals for Penalty Charge Notices, only Parking Charge Notices and we now realise your appeal was based on a Penalty Charge Notice."

Can anyone shed any light on this?

TIA

Redx

Jinx_001 wrote: »

Hi all,

I did not hear anything back from POPLA until today, but I am confused with their response. They wrote;

"Dear xxxxxx

In light of the circumstance of the case and the submissions made the Lead Adjudicator has directed that the case be marked withdrawn.

This is because POPLA do not process appeals for Penalty Charge Notices, only Parking Charge Notices and we now realise your appeal was based on a Penalty Charge Notice."

Can anyone shed any light on this?

TIA

the airport is subject to local bylaws and so as this was a bylaw issue they cannot accept any appeal or rule on it

the LANDOWNER should have issued a PENALTY NOTICE under the bylaws and that is not subect to POPLA because its not a parking event

it seems that this PPC has been issuing parking charge notices for these problems and as its not aprking they should not be doing so, nor issuing popla codes

in my opinion this should be true of all airports where the event wasnt parking, plus any other non-relevant land like bus lanes (minster baywatch) or tram stations (care parking and metrolink), or ports and harbours (where bylaws apply)

maybe the BPA are tightening up, maybe popla are, its certainly time they should sort it out

it was under a great deal of discussion in this Birmingham Airport thread here too

https://forums.moneysavingexpert.com/discussion/5319589

so your problem was a bylaw issue, so popla cannot rule on it

UKPPO (or strictly speaking , the airport) should have issued a Penalty Charge Notice

it says this in your popla appeal in post #2

[FONT="&amp]3) “Penalty Charge Notice”Breach of BPA Code of Practice[/FONT]
[FONT="&amp]If it is indeed a “Penalty Charge Notice” issued under statute then [/FONT][FONT="&amp]POPLA[/FONT][FONT="&amp]has no jurisdiction and the matter should be referred to Trading Standards for possible criminal proceedings. The wording “Penalty Charge Notice” and “Fixed Penalty Notice” have been used by the Operator in their correspondences and in their signage and therefore UK Parking Patrol Office is in clear breach of the BPA CoP which states:
[/FONT]

[FONT="&amp]
[/FONT]
ps:- what happened to your BPA complaint about this error that you were advised to do months ago ?

Jinx_001

Hi Redx,

thank you for your quick reply, I'll have to check back through my emails as after I submitted the appeal to Popla, I left it as it was.

Redx

well its time you complained to the BPA that UKPPO were using parking charge notices instead of penalty charge notices, issuing popla codes and copy them the latest letter from the lead adjudicator

its taken all this time for it to come to this and we knew it was incorrect from the get go, its even in your popla appeal and subsequent evidence to popla

popla cannot rule on penalty notices, hence this being struck out by the lead adjudicator

you can see a similar problem here too

https://forums.moneysavingexpert.com/discussion/5308502

frankly, you should have not taken your eye off the ball and made the BPA complaint months ago

bazster

It's not even a byelaws issue. Under the terms of the Airports Act 1986 S.63(2)(d), and the byelaws themselves (preamble to S.6), the byelaws don't apply to any roads within the airport to which the Road Traffic Enactments apply, and since the publicly-accessible roads in the airport are by definition publicly-accessible then, by the Road Traffic Act 1988, the Road Traffic Enactments most certainly apply.

The byelaws are therefore utter codswallop and never applicable to these roads, and by pretending otherwise the actions of Cheetham and Newcastle Airport are tantamount to fraud.

HO87

It would seem, therefore, that UKPPO, have rather painted themselves into a corner. A corner where there is no legal basis for their invoices whatsoever. Oh dear.

Seems that the person who drafted the so-called bye-laws was just a little too clever for their own good. Bearing in mind that byelaws made by the airport must be approved by the Secretary of State I am unaware of any evidence that what are purported to be the current version has been lawfully approved.

leading_edge

Hi. Exactly the same thing has happened with my appeal today. What is the next stage then if POPLA are not interested?

HO87

POPLA are in effect acknowledging that the matter is an allegedly bye-law matter. However, the Airports Act reference above makes it clear that bye-laws do not apply to areas to which the Road Traffic enactments apply - that is publicly accessible roadways. If your alleged infraction was on a publicly accessible roadway then a stiff letter to UKPPO inviting them to, metaphorically, take a long walk off a short pier would seem to be appropriate.