Railway Penalty Ignored Best Course of Action?

pappa_golf

HO, that is the thread I linked to in my last post , with reference to the post showing it was a "fake"


I agree on the timeout , hence stalling them to get a popla code + the time to write a appeal , over 100 days already , 2nd class ping pong can be so slowwwwwww,,,,,,

Canyon_2

So PCS replied quite quickly to my request to identify who was liable and to issue a PoPLA code.

Key points were -
- The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available
- Please be advised that this PCN was issued was issued under by-law and therefore POPLA is not available.
- This parking charge has been issued under the terms of the Protection of Freedoms Act 2012...
- In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.
- I Now need to pay by 10th March or they will recommend court action. (that's 4 month since the alleged infringement)

Is it worth writing back citing some of the information in the posts above about how PoFA doesn't apply? or is now the time to ignore? Any thoughts welcome. Thanks.

pappa_golf

I said before and will say it again , 2nd class ping pong by royal mail , do not show your hand (railway land) just keep asking for more clarification of other subjects

hoohoo

Dear PPC,
Can you confirm we have reached the end of your internal dispute mechanism? As you have stated POPLA is not appropriate, I suggest we use the Consumer Ombudsman to attempt to resolve the dispute.

ManxRed

Canyon wrote: »

S
- Please be advised that this PCN was issued was issued under by-law and therefore POPLA is not available.
- This parking charge has been issued under the terms of the Protection of Freedoms Act 2012...

String it out a bit more. PoFA states clearly that land covered by byelaws is not 'relevant land' under the act, so you cannot enforce the PoFA 2012 on any land that comes under byelaws.

Ask them to clarify the above two contradicting statements as they cannot possibly both be true.

pappa_golf

ManxRed wrote: »

String it out a bit more. PoFA states clearly that land covered by byelaws is not 'relevant land' under the act, so you cannot enforce the PoFA 2012 on any land that comes under byelaws.

Ask them to clarify the above two contradicting statements as they cannot possibly both be true.

and as I posted above HOW can POPLa adjudicate on land that is specifically (by law) non applicable land .

Coupon-mad

Canyon wrote: »

So PCS replied quite quickly to my request to identify who was liable and to issue a PoPLA code.

Key points were -
- The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (if applicable) is no longer available
- Please be advised that this PCN was issued was issued under by-law and therefore POPLA is not available.
- This parking charge has been issued under the terms of the Protection of Freedoms Act 2012...
- In accordance with page 20 of the Department for Transport’s guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges, the alleged driver’s details have to be provided within 28 days of the notice to keeper alongside a serviceable address for the driver (i.e. within the legal jurisdiction of where the contravention occurred [England and Wales]). If both of these conditions are not met, the liability cannot be passed on and will remain with the registered keeper. As you failed to provide the above within the stipulated timeframe, liability now rests with you as the registered keeper of the vehicle.
- I Now need to pay by 10th March or they will recommend court action. (that's 4 month since the alleged infringement)

Is it worth writing back citing some of the information in the posts above about how PoFA doesn't apply? or is now the time to ignore? Any thoughts welcome. Thanks.

The two things in bold are mutually exclusive and I was 99% sure CP Plus WERE offering POPLA on these pseudo penalties.

I'd forward that to the BPA and the DVLA and tell them you are complaining that:

- POPLA has been denied to you despite your appeal, because PCS say the PCN was issued under 'byelaws' - but this is unsupported by evidence,

yet:

- PCS (aka Debt Recovery Plus) are claiming keeper liability under the POFA which cannot be the case on byelaws land. They say ''liability now rests with you as the registered keeper of the vehicle'' and as such, they are demanding money from the wrong person under false pretences. What are the DVLA and BPA going to do about this misleading demand telling a keeper they are liable and using both the POFA and bylaws which are mutually exclusive, to lie that the keeper is 'liable' when they cannot be?

aos@britishparking.co.uk

and

david.dunford@dvla.gsi.gov.uk

Either you should have been offered POPLA or the matter should have been pursued under byelaws by the TOC. Not a fudge of both! These are misleading and untrue statements dreamt up by PCS to deny POPLA and wrongly tell you that as keeper, you are liable.


HTH

Canyon_2

An update for all interested.

I wrote back to PCS about the conflicts above asking them to explain. no response received.

I wrote to the BPA and they investigated. For everyone's information their response follows -

"From the information provided there has been some confusion as to which appeals process can be used and the use of PoFA (2012) when issuing under byelaws.

If issuing charges under byelaws you cannot quote PoFA (2012).
You can offer POPLA when issuing under byelaws.

In summary, you can issue charges under byelaws and offer SW Trains Appeals Service OR issue under byelaws and offer POPLA.

These issues are being dealt with by the parking operator to ensure the correct processes are implemented and the correct information being provided.

The operator has however advised in the interim that as immediate remedial action this particular charge has been cancelled.

We will investigate any complaints of non-compliance with the AOS Code of Practice. If we receive evidence of a possible breach of the BPA Code of Practice, we will carry out an investigation and request further information from the parking operator concerned. The operator will be required to deal with any issues raised during our investigation, and to provide satisfactory evidence of this having been done.

We have internal processes and a Sanctions Scheme that is applied to all parking operators within our membership, and annual audits are carried out to address any issues that may arise.

Under this scheme Operators who breach the Code can expect to receive a number of sanction points dependent upon the breach. If an operator receives twelve points in any given 12-month period, they may be faced with suspension or expulsion. I am sure you appreciate that such disciplinary action is confidential so I am unable to inform you of any specific details.

Thank you for bringing this matter to our attention and endeavouring to assist in our efforts to drive up standards in the private parking profession."

I also wrote to the DVLA separately and they took weeks to respond and when they did the simply contacted the BPA and re-iterated what they had investigated.

I've had no response from PCS but have just asked them to confirm the charge is cancelled directly.

Thank you for the help in overturning this decision!

dazster

:beer: An object lesson in the benefits of making a thorough nuisance of yourself!

bod1467

Canyon wrote: »

In summary, you can issue charges under byelaws and offer SW Trains Appeals Service OR issue under byelaws and offer POPLA.

Really? Is this true? I thought POPLA didn't deal with any bylaws appeals?