UKPPO Popla Appeal Help

bazster

Jinx_001 wrote: »

Is it 6 months from the date of the alleged offence? If so, as the invoice was issues in mid February, it is well over the 6 months! Does that mean that they cannot pursue me further?

It means that you can't be prosecuted under the byelaws. And since Cheetham has stated that his fraudulent demand for money "was issued under these byelaws and not contract law" that's another reason why you can invite him to go screw himself.

hoohoo

bazster wrote: »

It means that you can't be prosecuted under the byelaws. And since Cheetham has stated that his fraudulent demand for money "was issued under these byelaws and not contract law" that's another reason why you can invite him to go screw himself.

Hats off to POPLA for holding onto the case for so long. Perhaps they knew what they were doing after all!

Jinx_001

Thank you all for all your help and excellent info.


I didn't know about the time period for prosecution under byelaws, so its good to know they can't do anything else now!


But just to keep you all posted, I received a letter from UKPPO:


"Dear Sir/Madam,

As you are no aware POPLA have withdrawn your case on the instruction of the Lead Adjudicator as they do not process Penalty Charge Notices, see attached.

Your case has been reviewed and we stand by our decision to reject the appeal you initially made to us. However, due the circumstances we are willing to accept the reduced charge of £60 if payment is made within the next 14-days.

Please note that after this time you will lose the chance to pay the discounted rate and the full amount of £100 will become payable.

If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

Kind Regards"


I've also noted that they have now added LTD to their letter head with their Deansgate address at the top and put their registered company number and address on the bottom :


U.K Parking Patrol Office Ltd are registered in the UK (company registration number 07105527)
Registered office address: 7 Christie Way, Christie Fields, Manchester M21 7QY (not for correspondence)


Doesn't look like they're wanting to give up just yet!!

ManxRed

No, they're getting sad and desperate now.

I think they're beginning to twig that their options are fast disappearing and they're looking to try and extort what they can.

Has a BPA complaint gone in yet?

Jinx_001

It'll be going in today. I've added in UKPPO's recent correspondence to the list of complaints.


Thanks for your help

ManxRed

They're in clear breach of clause 22.2 of the CoP, specifically they are unable to offer any means of independent adjudication, POPLA will not handle these appeals.

bazster

Dear "UKPPO",

Here are some matters of which you are evidently unaware:

1. Where a breach of a byelaw is alleged charges must be laid before the magistrates within 6 months of the date of the offence (Magistrates’ Courts Act 1980 127(1)); since in this case this period has long elapsed there is no prospect of a prosecution and your offer of an "alternative" is worthless.

2. The publicly-accessible roads at Newcastle Airport are subject to various road traffic enactments, as are all publicly-accessible roads (Road Traffic Act 1988 192(1)). Pursuant to the Airports Act 1986 63(2)(d), and the Newcastle Airport byelaws section 6, the byelaws are not applicable to any road to which the road traffic enactments apply. I believe you may be committing an offence by attempting to deceive motorists into paying charges pursuant to the byelaws where the byelaws do not apply.

3. I believe you may be committing a further offence by demanding money in lieu of prosecution, which could be construed as a demand for a bribe.

4. Since it is now evident that PoPLA is not available for this "charge", you are in breach of the British Parking Association Code of Practice for issuing charges where there is no independent appeal available.

5. UKPPO Ltd. is registered at companies house as "dormant". I believe that you may be committing further offences by purporting that this company is trading.

In light of the above you will understand when I tell you that you will not be receiving a penny from me. Your actions have now been reported to Trading Standards, the BPA, the DVLA and Companies House.

Yours etc.

And make those complaints!!!

leading_edge

I reckon my letter from UKPPO will also be waiting when I get home Jinx_001. Looks like I will be complaining to BPA also. Need to get a letter typed up tonight.

ManxRed

Is it worth adding in that the bylaws do not appear to have been signed off by the Secretary of State?

I guess, given the RTE that over-ride the bylaws, its a moot point anyway.

bazster

ManxRed wrote: »

Is it worth adding in that the bylaws do not appear to have been signed off by the Secretary of State?

I guess, given the RTE that over-ride the bylaws, its a moot point anyway.

Why not?

Additional point:

The airport byelaws appear to have been neither sealed by the airport operator, nor approved by the Secretary of State. If this is indeed the case then the byelaws are not effective.