Train Station "PenaltyCN"

KeithP

Hockey27 wrote: »

I did see that POPLA had been suspended for train stations though...

Wasn't that only for Indigo?

pappa_golf

KeithP wrote: »

Wasn't that only for Indigo?

good question , one for all , all for one


I suspect that they will offer no evidence at appeal , this will stop POPLa snooping and sticking there nose in

Hockey27

There was an article in the Times today saying POPLA are no longer hearing appeals for railway station car parks.

Any thoughts on this one??


Would this not constitute an "unfair" contract as there is no right/ access to independent review?

Would it also be right to say that it is still "not relevant land"

pappa_golf

all companies in the BPA or IPC must offer an independent appeal system to be eligible for kodoe access

you might want to ask the DVLA why they have forwarded your info on .

Hockey27

After some reading today, is it best to appeal within 14 days (discounted) or 28 days as RK or want for NTK to come through in the post.

There are many posts that suggest having appealed pre NTK?

The_Deep

Not this one, the object is to time it out.

You do not appear to have grasped the difference between land covered by Railway Bye-Laws and your local Tesco car park on which the Law of Contract applies.

The_Deep

A most misleading article.

https://www.thetimes.co.uk/edition/news/rail-travellers-lose-right-of-appeal-over-parking-fines-d90m5zdvx

Hockey27

@The Deep

Indeed the article is misleading as it doesn't directly refer to any changes

As for post #27, despite research I will have to admit that no, I most likely have not fully grasped all the info, but I am aware of the time out play. In this instance is it a case of timeout as the parking charge was paid in full by the driver, although mitigating circumstances meant they had troubles in doing so?

The play book as far as I'm aware is;-

- Initial appeal - blue letter
- Rejection - POPLA appeal - appeal using templates and "not relevant land" arguments
- 2nd Rejection (if forthcoming) - string out past 6 months with various correspondance questioning points

Apologies if this is an easy answer, just wanted to clarify the first step as many seem to send the initial appeal pre NTK using the windscreen ticket?

Handbags-at-dawn

@The Deep: In what way misleading? It refers to two significant changes: removal of access to POPLA at the same time as introducing clamping.

So it highlights a really disturbing development: no chance to get your ticket thrown out by POPLA, and every chance you'll get clamped next time you park there. I know GTR say they'll only clamp repeat offenders (I think by that they mean alleged offenders) but they don't define what they mean by that, and anyway, that's just what they say.

It's a pity the article didn't explain how these "penalties" are unenforceable. TOCs have no legal right to demand payment of them. Threatening to clamp in order to force people to pay them amounts to "making an unwarranted demand with menaces" - the same words used in S21(i) Theft Act 1968 under the heading Blackmail.

Coupon-mad

Hockey27 wrote: »

There was an article in the Times today saying POPLA are no longer hearing appeals for railway station car parks.

Any thoughts on this one??

Would this not constitute an "unfair" contract as there is no right/ access to independent review?

Would it also be right to say that it is still "not relevant land"

Much has been said about this situation, and no there will be no POPLA for you.

So your aim is to string this out to six months and lobby your local MP to complain about the moves Govia/Indigo are making, putting up clamping signs despite the fact there is no enabling primary legislation allowing clamping, railway byelaws don't allow clamping either (and the previous implied right under common law, was removed by the POFA).

In this case, because it's a penalty rather than a 'parking' charge:

Wait for NTK to arrive and appeal using blue letter - 2 days before deadline

At least that strings it out past Christmas, for a start. Don't expect the NTK to look like a NTK, it will be some scary letter, ranting about prosecution under byelaws. DO NOT put anything *real* in the drivers' details box, all discussed here already:

https://forums.moneysavingexpert.com/discussion/5722446

That one also shows a suggested (short) template appeal to use specially for these cases.

The risk is the threat of clamping now opening up in these car parks, hence the need NOW, to lobby your MP re this extortion.