Train Station "PenaltyCN"

pappa_golf

UMM , what popla deadline ??????, you have been told and told they will not issue a popla code

no code = no deadline


Would rather have the closure of POPLA

the BPA have stated (as you have read) that the POPLa appeal cannot be use on railway land!!


that it now , wither pay up , or start stirring things with the DVLA ,

waamo

There is no POPLA. Forget POPLA. The only route left is magistrates court. You would have to be prosecuted under byelaws.

That is unlikely as all the fine would go to the government. Who would want to fork out on a prosecution then get nothing in return?

Hockey27

Thanks all!

Will get a complaint off to the BPA shortly and consider options beyond that. Will see if anything else comes through from the cowboys and await the reply from the DVLA!!

pappa_golf

Hockey27 wrote: »

Thanks all!

Will get a complaint off to the BPA shortly and consider options beyond that. Will see if anything else comes through from the cowboys and await the reply from the DVLA!!

IF , IF the BPA can be bothered answering , you will get a letter/email like this

Thank you for your email.

I can see that in this instance, the charge was issued for a breach of the advertised terms and conditions by on privately owned Railway land. Charges issued on Railway land are referred to as Penalty Charge Notices because they will have been issued under railway Byelaws as well. Whilst I am sorry to learn if you were unhappy with the outcome of the appeal, it is not something I can address. The BPA has no authority to intervene in the appeals process.

As the charge has been issued on railway land, then please be be advised that the BPA has temporarily removed the requirement for our members to provide a POPLA verification Code when an appeal is rejected. This is due to complaints being made that POPLA are not able to oversee appeals made where railway Byelaws are concerned. Until a solution is found, if a motorist remains unhappy following an appeal’s rejection, they can appeal further via a Magistrates Court; our Code from which you have quoted does not reflect this at the moment as the decision is temporary. Unfortunately, as we cannot advise you how long the requirement will remain lifted, you will now need to use the Magistrate’s Court to appeal further.

The British Parking Association (BPA) has campaigned at length for clarity on the clauses in Railway Byelaws pertaining to parking to be improved, and the Government committed at a meeting in January to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming. In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses.

Please also be aware that when a charge remains unpaid, then in due course it will be escalated to debt recovery. This is standard procedure. The cost of the charge can increase as the debt collection agency add on their costs. With that in mind, I would suggest that you now either pay the charges, or seek legal advice to contest it via Magistrates court.

I hope this information is of use.


such a half hearted letter with several flaws

1: the people you supposed owe money to cannot take you to magistrates court
2: the parking Co cannot pass your info to the train Co (KODAE)
3: no motorist can appeal via a magistrates court
3: no point in seeking legal advice , see 1 and 2 and 3 above above

whoever penned that letter should be reported , 90% of it is total lies aimed at making you hand money over to one of there members

ohh how we laughed when we dissected it

Hockey27

Pappa Golf, you sound so cynical???!!! ;-)

After reading through, and thanks to LOTS of advice from those on this forum and you personally I agree with your points! I can imagine the laughs that were had reading through the letter itself!

I was offered the option of appealing to the TOC in my rejection. Yeah, I'll volunteer my info to them!! :-/

One thing I noted immediately form the above " Charges issued on Railway land are referred to as Penalty Charge Notices because they will have been issued under railway Byelaws". Thats all well and good, but who issued it, as NO PPC has the authority to do this!

pappa_golf

and if they were issued as penalty charges , (criminal) why have they used the civil method of gaining your details from the DVLA ,

indigo do indeed have access for "criminal" type charges , but you need the printout from the DVLA , stating method and reason used

they are clearly stating they are a BPA member and acting under there remit

pappa_golf

we see 100s of those cases every week , we have seen popla make mistakes , then put cases on hold then say no way , something is going to break soon , threats of clamping , for previos offences , think not

needs stopping at sorce , the DVLa , they WILL have to make a statement one day , they have been scratching there heads for 3 yrs , but not done anything

only needs 5p0 people to have a real kick off with the DVLA , then the truth will emerge , the fact that they are giving info to companies not entitled to them

Hockey27

How do indigo have access for criminal charges??

waamo

Hockey27 wrote: »

How do indigo have access for criminal charges??

That is a very good question and one the DVLA seem reluctant to answer.

nosferatu1001

Because it is still parking, and the DVLA doesnt give a toss as long as they get their £2.50

Despite being a data controller, they're breaching the DPA multiple times daily. Every single "stopping" ticket issued by VCS / Excel etc is a breach, for example/.