Train Station "PenaltyCN"

waamo

Personally I would keep my complaint short and sweet. Simply that an appeal has been made and no code received. I wouldn't mention byelaws Justin provide facts such as the date the appeal was made and the fact you have a receipt.

Let the BPA investigate as they are likely not to know your agenda that way.

Give them the rope.

Hockey27

pinged an email over to the PPC today and to Steve Clark at the BPA, nothing from the PPC yet except receipt of email", but this was Steve's response....

Thanks for confirming the location as a Railway Car Park.

This statement should assist you;

Railway Byelaws
The British Parking Association (BPA) has campaigned at length for clarity on the Clauses in Railway Byelaws pertaining to parking to be improved. Government officials committed at a meeting in January 2017 to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming.
We firmly believe that effective legislation that is not open to interpretation is vital in ensuring a fair environment for both our members and motorists. That is why we have taken the decision to temporarily remove the requirement for our members, who manage parking at railway locations under the Byelaws, to offer an independent appeal via POPLA.
Motorists who breach the advertised Terms & Conditions and receive a Penalty Notice (PN) but who believe it has been unfairly issued will still be able to appeal to the operator. If however they remain unhappy following an appeal!!!8217;s rejection the final decision can be made at a Magistrates Court.
In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses. When clarity has been obtained the temporary suspension will be lifted.

So basically they are all still "pending"??

So what next....

I can appeal in magistrates court, although am I correct in saying that only the principal land owner (the TOC) can take me there? If so is this now the end of it, I'm guessing final confirmation from the PPC would be needed here?

twhitehousescat

YOU CANNOT appeal to the court , no such thing , you can defend court action brought within 6 mths by the train company

but cas we know , monies go to the state , not them and how the hell can the PPC pass details over to them

the BPA and the DVLA would jump on them and suspend them for breaking the kodoe agreement

YES this HAS been clarified by the DVLA , as seen in the Mil cases


in the morning email Steve cand ask him "how" can the train Co bring charges , when a private parking Co have accessed the DVLA to get data , the train Co are not a AOS member

wriggle wriggle ,,,,,,,,,,,,,,,,,,,,,,

Umkomaas

Maybe to even out the loss of second stage appeal to the motorist, the BPA/DVLA to only allow the PPC one shot at issuing the 'penalty'. If the motorist pays up, they've got their money, if the motorist fails to respond, then that's the end of the line. No debt collectors, no misleading threat of Mags court, no more hassle.

That levels the playing field in my view. Wouldn't that be a great indicator of the BPA's commitment that 'the motorist is at the heart of our thinking'. Otherwise this is so heavily weighted in favour of the PPC, with absolutely no access to 'fairness' for the motorist.

Any chance, Steve? Have a word with Robert Toft or Julie Lennard and see what they say. I expect you 'have their ear'.

twhitehousescat

indigo seem to be using the electronic link or v888/3 , those two are specific to PARKING not bylaws , if someone (the TOC) wishes to pursue bylaw offences then THEY must contact the DVLA using v888/2

I look forward to the day that indigo/zzps try this with a high ranking lawyer or barrister , obtaining monies by ,,,,,,,,,,,,, withholding information in the case of a crime being commeted , failing to pass info to TOC ,,,,,,,,,,,,,oh heck they cant , perhaps the TOC should be an aos member ,,,,,,,,,, hang on electronic and v888/3 ?










confused . com

Hockey27

@ twhitehouse - unless others have a strong opinion I think Steve Clark is now a dead end. Unless its worth asking those questions to get an answer/ back him in to a corner and post whatever info I can get on here?


I did contact the DVLA to ask who has accessed my information, it stated DRP on behalf of CP Plus with the reason being "operating parking under byelaws (Railway, Airport, National Parks). Unfortunately they didn't tell me by what method!


@Umkomaas - Are the two you suggested at the BPA also? Why might they be more accommodating?


Possibly another email as suggested to Steve Clark asking how that process might unfold and what timelines these would be under might shed some light on things.

I'll be interested to see what, if anything I hear back from the PPC. 99 days since last contact and nothing, no POPLA, no DRP letters, no further contact at all!

Hockey27

One other fun bit of info. As of 20/08/2017 the station is now under South Western Railway, but DRP are chasing "Andover - SWT", (South West Trains)

I wonder if they have an updated copy of landowner authorisation from SWR?!

waamo

Hockey27 wrote: »

pinged an email over to the PPC today and to Steve Clark at the BPA, nothing from the PPC yet except receipt of email", but this was Steve's response....

Thanks for confirming the location as a Railway Car Park.

This statement should assist you;

Railway Byelaws
The British Parking Association (BPA) has campaigned at length for clarity on the Clauses in Railway Byelaws pertaining to parking to be improved. Government officials committed at a meeting in January 2017 to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming.
We firmly believe that effective legislation that is not open to interpretation is vital in ensuring a fair environment for both our members and motorists. That is why we have taken the decision to temporarily remove the requirement for our members, who manage parking at railway locations under the Byelaws, to offer an independent appeal via POPLA.
Motorists who breach the advertised Terms & Conditions and receive a Penalty Notice (PN) but who believe it has been unfairly issued will still be able to appeal to the operator. If however they remain unhappy following an appeal!!!8217;s rejection the final decision can be made at a Magistrates Court.
In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses. When clarity has been obtained the temporary suspension will be lifted.

So basically they are all still "pending"??

So what next....

I can appeal in magistrates court, although am I correct in saying that only the principal land owner (the TOC) can take me there? If so is this now the end of it, I'm guessing final confirmation from the PPC would be needed here?

That, to me at least, says that the land is covered by byelaws. I would think they would struggle to convince a civil court otherwise.

Umkomaas

@Umkomaas - Are the two you suggested at the BPA also? Why might they be more accommodating?

They are big cheeses at the DVLA. Julie Lennard is 'interim' head honcho (or should that be 'honcha'?).

Castle

Umkomaas wrote: »

They are big cheeses at the DVLA. Morley is head honcho.

Not any more...now at the PPF:-

http://www.pensionprotectionfund.org.uk/News/Pages/details.aspx?itemID=476&archive=1