UK Parking Patrol Office Ltd Newcastle Airport

HO87

I agree with C-M.

With respect, the issue is not whether UKPPO has authority to manage the area, per se, but whether there is any legal basis at all to the enforcement of byelaws in the area.

As bazster has said on several occasions the byelaws themselves and the enabling legislation - Airports Act 1986 - make it clear that the byelaws do not apply to areas to which the road transport enactments do. The mere fact that a road is privately maintained does not render it free of the full rigour of law and there is many a boy racer who will attest to the fact that he has been dealt with by the police for performing multiple do-nuts in the middle of a Tesco's car park. Similarly, there will be busy Mum's who have found themselves being invited to the local cop-shop for a "friendly chat" after a minor bump in Sainsbury's for the same reason. The areas are privately maintained but subject of the road transport enactments.

That is aside from the fact that the only publicly available copy of the byelaws is just a draft of what was signed into being by the Secretary of State (well, his nominee actually) in January 2010 because the metadata reveals that the document was created on a Saturday afternoon in October 2009. Now it is possible - even given all of its errors - that that document is identical to the "finished" version. The trouble is there is no evidence that it is.

keithlml

OK
Replies sent to DVLA and BPA highlighting the issues raised by Coupon-mad and Herzlos.
Thanks for that .
Awaiting response ?

keithlml

In reply to the BPA highlighting the points raised by the forum I have received this from BPA.

No mention of the points about a Parking Charge Notice where the word ‘parking’ has simply been changed to ‘penalty’ or Penalty bylaws ticket where there has been a serious ICO breach.
Just this

"Dear Mr ///////////////////

I need to clarify a point or two

The BPA Approved Operators Scheme (AOS) provides an independent appeals service in England & Wales to motorists who receive a parking charge notice (PCN) from one of our members, if their initial appeal had been rejected by that parking operator.

The majority of locations that issues parking charges using bylaws did not have an independent adjudicator, and therefore it was agreed by the BPA with train and airport companies that private parking operators contracted out to them could use POPLA to allow the motorist an independent appeal, as an alternative to going to court to keep to the spirit of our Code of Practice.

As from the 1st October 2015, POPLA is now run by Ombudsmen services. Four to six weeks before the conclusion of their contact the previous POPLA contractor London Councils, for some unknown reason decided to no longer hear appeals from parking charges issued under Byelaws. This if course caused a bit of confusion.

But as you mention the new POPLA provider will be hearing these appeals.

Regards

Peter

Peter Beasley
Compliance Manager
British Parking Association
Tel: 01444 447 313
Fax: 01444 454 105
Email: Peter.b///////////////////////////
Web: ///////////////////////////////////

Does this mean I will now be offered POPLA?"

ManxRed

It does, but note that byelaw offences ought to be heard by a magistrate, so effectively the BPA seem to be making this up as they go along. London Councils were right - in my opinion - to refuse to adjudicate on these. The 'for some unknown reason' part indicates to me that Peter Beasley doesn't know his *rse from his elbow.

keithlml

So how do I go about receiving POPLA ?

Contact UKPPO again or is that a no no?

ManxRed

Ask Mr Beasley how you go about appealing to POPLA and see what he advises.

keithlml

Hello again.

Just received form the DVLA (DPA) ?

Dear Mr///////////f

Thank you for your email to David Dunford of 20 October, and your further email to Cheryl Crabtree on 5 November, I have been asked to reply. May I apologise for the time it has taken for you to get a response.

Firstly, in regard to POPLA hearing byelaw appeals, the Independent Appeals Service (IAS) was set up to hear appeals for non statutory parking charges on private land, not byelaw contraventions. The organisation that previously run the IAS for BPA members, when asked by the BPA, did not want to extend their remit to hear appeals for byelaw parking contraventions, as was their right as an independent organisation. However, when a new organisation came on board to run the IAS, they re-considered this position and are now hearing such appeals.

It follows that the ATA members enforcing under byelaws would not required to offer access to an IAS, until a time that these appeals were able to be heard by an IAS.
As previously advised, DVLA have looked at the Byelaws in question and cannot see any evidence that they are not applicable under the circumstances. DVLA is also satisfied that UK Parking Patrol Office have the authority to manage the area in question using these Byelaws.

I hope the Agency’s position is clear.

Regards

Mark

Mark Lewis
Data Sharing and Protection Policy
Strategy, Policy & Communications Directorate| D16 | DVLA | Swansea | SA6 7JL
Twitter: ////////////////////////


It is clear to me they are not accepting any of the points you(I) have raised to them about the illegality of this issue.

How shall I proceed with this now?

ManxRed

Your MP is next I think. And possibly the ICO.

By not considering the specific points you made I think they've made a big mistake. They probably know this, but are hoping you'll go away quietly.

There is a good thread about this on Pepipoo at the moment in which the salient points that ought to be raised (with your MP) are being fine tuned.

http://forums.pepipoo.com/index.php?showtopic=102097

Worth a read.

Herzlos

Send them another reply, tell them you aren't happy with the way your questions are being sidestepped and include a numbered list of points you want them to address directly. In that list, include all of the reasons the byelaws do not apply and ask them to confirm/counter them. Include one about the fact that even UKPP aren't treating it as a byelaw by dealing with it as a civil charge. As said; you're not asking if UKPP are authorized to enforce byelaws, you're asking why UKPP are getting your details since no byelaw has been breached.

Copy in your MP.

Castle

keithlml wrote: »

As previously advised, DVLA have looked at the Byelaws in question and cannot see any evidence that they are not applicable under the circumstances. DVLA is also satisfied that UK Parking Patrol Office have the authority to manage the area in question using these Byelaws.

I hope the Agency’s position is clear.

You may want to point out that UK Parking Patrol Office, (the sole trader), is not a member of the BPA; but UK Parking Patrol Office Ltd is.