Indigo not contesting POPLA appeals?

dr1981_2

Hi all,

I have recently appealed 2 tickets with Indigo, both have which POPLA have advised will not be contested.

This appears to be a different approach to previously when they went all the way to a POPLA decision.

Perhaps they have realised their tickets have no legal grounding? Or perhaps the Byelaw debacle has resulting in a decision to not contest.

Can anyone shed any light?

pappa_golf

05 December 2016
Government must find solution to Railway Byelaws to prevent PCN backlog

The British Parking Association (BPA) is in talks with the Department of Communities and Local Government and DVLA regarding PCN’s issued on railway land.

The Lead Adjudicator of POPLA has concerns that as railway land is managed under Statutory Byelaws, any parking tickets issued may be outside the scope of POPLA and he has taken appropriate action of adjourning such cases while he considers how best to proceed.

Railway Byelaws contain provision for clamping and for cases to be taken to a Magistrates Court where the fine may be up to £1,000 and could result in the motorist getting a criminal record.

The train operating company has a right to manage their land and the BPA is working with Government and other stakeholders to provide clarity and consistency so that an acceptable and more proportionate solution can be identified and when the adjourned cases will be decided.

The BPA believes in ensuring that all recipients of PCNs should have access to independent redress if they feel the Notice issued to them is unfair. Without clarification of this issue there is a danger that motorists will be worse off by not having access to an appeals service for Notices issued on railway land.

Patrick Troy, BPA CEO said: “POPLA offers motorists a simple, free appeals service for parking tickets issued on private land. We want to make absolutely certain that POPLA is available when motorists park at railway stations as in most cases management is undertaken by a private parking company who must offer an independent appeals service.”

Herzlos

The thinking seems to be that they aren't charged if they don't contest a POPLA appeal, and they know they'll lose anyway. So they are just cutting their losses when they see a good appeal, and hoping enough people pay up anyway.

pappa_golf

a nice statement by the BPA , threats of clamping and "fines" of upto £1000 ,

HOWEVER in 90% of cases the "offences" are of failing to display a ticket clearly , this to my knowledge is NOT a bylaw offence !

catch 22 Mr Troy

dr1981_2

Once they have decided not to contest a claim is that the end of the matter? Ie, can they still pursue through the magistrates court or is POPLA's decision final?

pappa_golf

of its within 6 mths , the PPC can hand it back to the TOC / landowner (etc etc) and suggest that they pursue it thru magistrates court , you could say they are being greedy and having 2 bites of the cherry

dr1981_2

Thanks Pappa Golf, is that likely to happen?

pappa_golf

a lot depends on the reason for the tickets , as posted previously , failing to display a ticket is not a bylaw offence

dr1981_2

Thanks, thats reassuring. My tickets are for 'failing to display'

pappa_golf

and remember there is a 6 mth limit after which point the TOC (etc etc) cannot start a case in the magistrates court

hence the reason for appealing as late as possible to both indigo and POPLa

although again , this shows that POPLa has not put your cases on hold as they said they would!

Half_way

pappa_golf wrote: »

05 December 2016
Government must find solution to Railway Byelaws to prevent PCN backlog

The British Parking Association (BPA) is in talks with the Department of Communities and Local Government and DVLA regarding PCN’s issued on railway land.

The Lead Adjudicator of POPLA has concerns that as railway land is managed under Statutory Byelaws, any parking tickets issued may be outside the scope of POPLA and he has taken appropriate action of adjourning such cases while he considers how best to proceed.

Railway Byelaws contain provision for clamping and for cases to be taken to a Magistrates Court where the fine may be up to £1,000 and could result in the motorist getting a criminal record.

The train operating company has a right to manage their land and the BPA is working with Government and other stakeholders to provide clarity and consistency so that an acceptable and more proportionate solution can be identified and when the adjourned cases will be decided.

The BPA believes in ensuring that all recipients of PCNs should have access to independent redress if they feel the Notice issued to them is unfair. Without clarification of this issue there is a danger that motorists will be worse off by not having access to an appeals service for Notices issued on railway land.

Patrick Troy, BPA CEO said: “POPLA offers motorists a simple, free appeals service for parking tickets issued on private land. We want to make absolutely certain that POPLA is available when motorists park at railway stations as in most cases management is undertaken by a private parking company who must offer an independent appeals service.”

Typical puff piece bit of PR from the BPA, ltd.
what really need to happen is for Railway land to come under the control of network rail, and for the likes of private parking companies such Indigo for whom the prime motive to be there is to generate cash from parking charges to be banished.
Then the car parks should be policed in a similar way to council land with a truly independent appeals system ( or as good as) where motorists are only ticketed/fined for causing a genuine obstruction, and not by parking slightly out of a bay, or on a piece of unmarked/poorly marked land thats not in the way of anyone or anything
Likewise when advertised methods of payment do not work, from apps that fail, to faulty pay machines and poor quality adhesive on permits/tickets etc.
As long as the motorist can demonstrate that an attempt to pay, or payment has been made, then that should be it.

The problems occur when money grabbing PPCs from the BPA stable, or even the IPC stable get involved.
End solution, remove the BPA, POPLA, IPC, IAS etc, and bring in something genuine, thats not lead by milking the motorist, where those who haven't done anything wrong are not punished, and those ( few) who have caused a genuine problem get what they deserve