UK Parking Patrol Office Ltd Newcastle Airport

Coupon-mad

keithlml wrote: »

Hello Again

I got the overdue notice from UKPPO this morning asking for £100 with a sentence :-
" We have requested your your details from DVLA as the registered keeper of the vehicle, through the Reasonable Cause criteria of pursuing and outstanding penalty charge.

Penny for your thoughts ?

keithlml

But they are not pursuing it as a penalty under byelaw which requires them to lay it before Magistrates' Court in the prescribed way before six months is up. They are chasing this as a civil debt 'owed' to them.

So they lied to the DVLA about the 'reasonable cause' from the outset.

keithlml

Hello Again .

Please find below the reply from my appeal to the AOS.

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RE: UK Parking Patrol Office Ltd Newcastle Airport
/////////
AOS
To KEITH
8 attachments
Dear Mr ////////////////////////,

Thank you for your e-mail and attachments.

Please be advised our Members are allowed to issue penalties under the relevant byelaws.

UK Parking Patrol have issued you with a penalty under the relevant byelaw at Newcastle Airport.

Unfortunately the Lead Adjudicator at POPLA has decided he cannot hear appeals at POPLA for penalties – only parking charge notices.

The Operator wanted the appeals to be heard by POPLA but the Lead Adjudicator has refused. Therefore, whilst I note the Operator has not offered you POPLA, this is not because they are going against our Code, it is because POPLA will not hear the appeal.

As there is no appeals stage available to you at POPLA, we would suggest you seek legal advice as to how to challenge the ticket further – this may mean you attending Court.

Whilst it is disappointing POPLA will not hear appeals for penalties, the BPA are limited as to what they can do as POPLA are independent.

The BPA are not a regulatory body and therefore cannot become involved with individual ticket disputes. However, we can investigate breaches of our Code of Practice. If you believe there has been a breach of our Code, please provide us with details so we can investigate the matter.

Please be aware, based on the evidence provided, the Operator has not breached our Code of Practice.

Kind regards,

AOS Investigations Team.

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What is my next course of action, appeal to DVLA?
keithlml

ManxRed

Go back and point out that they ARE in breach of the Code of Practice, namely clause 14.2

Remind them that the bylaws are not in effect at this location.

14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.

bazster

You have already complained to DVLA and you are waiting for a response from them. Your next move if you don't get a response from the DVLA is to escalate using the DVLA complaints procedure I posted earlier in the thread.

keithlml

Hello.
I sent the AOS "the information you advised immediately yesterday.

14.2 etc.

No reply yet ?

Keithlml

ManxRed

They might have to scratch their heads a little bit longer to think of a get-out for this one.

You've now accused them of not issuing penalty charges at all, but parking charges masquerading as penalties.

They'll need a different excuse for this one. This also carries a much bigger sanction if proved to be true, so they need to be extra careful in order to get their fee paying member off the hook.

They also need to maintain that these ARE penalties somehow. Otherwise they'll scupper UKPPO's entire business model for this site.

I favour the old That's Life favourite - 'we phoned the gas board - this has absolutely nothing to do with us.'


[Not The Nine O Clock News parody to be precise!]

hoohoo

The BPA response refers to the old POPLA. May be worth trying again with the new POPLA. Point out that as they are not issuing the charge under the terms of the byelaw the byelaw does not actually apply.

keithlml

Hello

It has been over a week 24/9/15 since I complained to the DVLA and sent copies of correspondence between myself and BPA (AOS) .
Is it too early to lodge a formal complaint? Or based on what AOS have replied above should I just go ahead ?

keithlml

ManxRed

I'd crack on with the DVLA. You need to make it a formal complaint and keep escalating up the chain with them.

Castle

ManxRed wrote: »

[Not The Nine O Clock News parody to be precise!]

And the "Constable Savage" sketch is also very relevant for the PPC industry.