This PCN was not issued under POFA - CTT Collections

pappa_golf

Dear R Bostock,

Freedom of Information Act Request – F0013227

Thank you for your further email of 10th February 2016 regarding your Freedom of
Information (FOI) Act Request – F0013227.

Our original reply confirmed that the Department does not hold the information that you
requested but provided some other relevant information which we hoped you would find
useful.

In your follow-up email you stated that we had not answered your question and repeated it
as follows:

“Please would you tell me if any Secretary of State for Transport since the
coming into force of the Railway Act 1993 has ever confirmed or made any
laws (including byelaws and regulations) which empower any person or body
other than the Courts to impose a penalty for breach of Byelaws 14(1), 14(2)
or 14(3) of the Railway Byelaws 2005.”

I have carefully reconsidered your original question and can provide the following
response.

The FOI Act provides a general right of access to recorded information held by public
authorities. Therefore I have interpreted your question as wanting to know if the
Department holds recorded information on whether or not the Secretary of State for
Transport has ever confirmed or made any laws, since the Railways Act 1993 came into
force, which empower any person or body other than the courts to impose a penalty for
breach of Byelaws 14(1), (2) or (3) of the Railway Byelaws 2005.

Having carried out a thorough re-examination of our paper and electronic records I can
confirm that the Secretary of State has not confirmed or made any such laws and that no
other person or body other than the Court is able to impose a penalty for breach of the
Byelaws [including Byelaw 14 (1-3)] made under Section 219 of the Transport Act 2000
(as amended) and made operational on 7 July 2005.

With regard to the period since the Railways Act 1993 came into force up until the
Transport Act 2000 was made operational I can confirm that the Department does not hold
any recorded information regarding these historical byelaws.

If you are unhappy with the way the Department has handled your request or with the
decisions made in relation to your request you may complain within two calendar months
of the date of this letter by writing to the Department’s Information Rights Unit at:

Zone D/04
Ashdown House
Sedlescombe Road North
Hastings
East Sussex TN37 7GA
E-mail: [email address]




therefore no case can be brought unless it is for trespass and issued by the railway company or its solicitor[/email]

thegentleway

Thanks for explaining guys. I see why they are trying to weasel around POPLA now.

thegentleway

Hi, CTT have sent me a reminder with no POPLA code or reference to POFA.

How do I respond? Cease and desist or is this waste of trees not illegal?

Castle

As the 35 days is now up, they must either cancel the PCN or issue a POPLA code. Therefore, I'd suggest a complaint to the BPA for a breach of the code.

The_Deep

catfunt wrote: »

You need to redact your letter of any identifiable details such as reference numbers, and repost it.

I am not sure that this is the best advice in the case of double dipping Catfunt. IMO, it is always better to identify your self as the driver in such cases.

Umkomaas

The BPA wrote to all of its members (at the behest of the DVLA) to tell them it was unacceptable for motorists to be asked for further information, or made to 'beg' for a POPLA code. So, when you write to complain to the BPA, throw back to them the wording they gave to PPCs. Copy in the DVLA too, so they are aware that their instructions are being ignored by PPCs.

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

thegentleway

Castle wrote: »

As the 35 days is now up, they must either cancel the PCN or issue a POPLA code. Therefore, I'd suggest a complaint to the BPA for a breach of the code.

To be fair reminder is dated 22 Aug 2016 so within 35 days.

EDIT: got the dates mixed up: it is dated 22 Sep 2016.

Umkomaas wrote: »

The BPA wrote to all of its members (at the behest of the DVLA) to tell them it was unacceptable for motorists to be asked for further information, or made to 'beg' for a POPLA code. So, when you write to complain to the BPA, throw back to them the wording they gave to PPCs. Copy in the DVLA too, so they are aware that their instructions are being ignored by PPCs.

I’ve already complained to BPA and DVLA. Is it worth complaining again since they’ve sent a reminder?

Umkomaas

thegentleway wrote: »

To be fair reminder is dated 22 Aug 2016 so within 35 days.


I’ve already complained to BPA and DVLA. Is it worth complaining again since they’ve sent a reminder?

Yes, why not? Why do you feel that you should just roll over on all of this and take it without blinking.

Hassle should be a two-way street!

Castle

thegentleway wrote: »

To be fair reminder is dated 22 Aug 2016 so within 35 days.


I’ve already complained to BPA and DVLA. Is it worth complaining again since they’ve sent a reminder?

According to your post no 7, your appeal was dated 30th August 2016; so in fact they haven't sent you a reminder since you appealed.

thegentleway

Castle wrote: »

According to your post no 7, your appeal was dated 30th August 2016; so in fact they haven't sent you a reminder since you appealed.

Well spotted. The reminder was dated 22 Sep 2016 (not 22 Aug 2016 as my previous post. Sorry, I got the months mixed up)