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BPA Code of Practice, Paragraph 22.8

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  • dr1981_2
    dr1981_2 Posts: 47 Forumite
    Thanks, they have sent me a POPLA code and I have previously won at POPLA based on the contractual authority to issue tickets argument.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    how can popla act on it , the land does not come under the jurisdiction of POFa2012 , and as such vinci cannot issue a popla code.


    this parking event clearly comes under bylaw rules , and as such only the train Co can take you to court.


    hence the reason for asking you to scan the letters/ticket and to say WHAT DATE THE OFFENCE OCCURED
    Save a Rachael

    buy a share in crapita
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    pappa_golf wrote: »
    how can popla act on it , the land does not come under the jurisdiction of POFa2012 , and as such vinci cannot issue a popla code.

    this parking event clearly comes under bylaw rules , and as such only the train Co can take you to court.


    hence the reason for asking you to scan the letters/ticket and to say WHAT DATE THE OFFENCE OCCURED

    Are you 100% sure of that??
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    I have asked the OP to scan his letters


    2 things that stick out


    1: original post regarding COP


    2: southern trains website gives an alternate appeal system than POPLA


    until the OP scans and displays , we will not know , however it looks to be the "bribe" scenario , ie: pay us £100 and we wont take you to the magistrates court.


    hence asking twice for DATE THE OFFENCE OCCURED
    Save a Rachael

    buy a share in crapita
  • dr1981_2
    dr1981_2 Posts: 47 Forumite
    Thanks for all your help Pappa Golf - I will scan ticket and upload when I am home this evening, I dont have them to hand at the moment.
  • dr1981_2
    dr1981_2 Posts: 47 Forumite
    PS: the date was October 2015.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    if it is indeed (but we need to see scans) a bylaw offence , then the TOC only have 6 mths to bring this to court , so you are possibly 4 mths in now .


    with the speed that POPLa are acting at , plus the time to return the POPLa "invite" this should be easy


    however we need to see the paperwork , and if you are passing photos of the signage .
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dr1981 wrote: »
    Thanks, they have sent me a POPLA code and I have previously won at POPLA based on the contractual authority to issue tickets argument.

    Good. Not much has changed and the up to date POPLA examples are in post #3 of the NEWBIES thread. Show us your draft and include 'no keeper liability' and all the usual stuff.

    Did they ever send a Notice to Keeper or did you appeal around day 25 after the windscreen PCN?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • dr1981_2
    dr1981_2 Posts: 47 Forumite
    Hi Pappa Golf, please find the links to the ticket below, I did not receive a NTK. The date was November 2015, I look forward to your thoughts. Strange that the train company list one appeals process and the operator list POPLA on the ticket.

    The images are here:

    http://i593.photobucket.com/albums/tt14/dr19811/IMG_1087_zpslgnjeual.jpg

    http://i593.photobucket.com/albums/tt14/dr19811/IMG_1086_zpsjnblu4w9.jpg

    Thanks
  • and for what its worth MET Parking follow the same 'model' on Chiltern Railways..they issue parking 'tickets' citing Railway Byelaws and then name themselves as the 'creditor' for the debt owed in the NTK letters..... big own goal number one as any 'debt' owed under Byelaws would go to Courts / Govt body and NOT to a private company.

    Own goal number two is that as a Reg Keeper you ARENT liable for the money on railway land under byelaws - only the drive is.

    You could have some fun and do what i have just done.... i actually PAID last week the £ 100 they are requesting as the 'creditor' and said they are entitled to bank my cheque providing they confirm in writing 3 issues
    i get a receipt,
    they confirm that they are the legal creditor under the Railway Byelaws Act and explain how that has been demonstrated
    they confirm as the keeper i am liable for the charge

    Lets see what they do....!
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