POPLA on hold due to BYLAW

Mummy2211

I'm having problems with Either POPLA or the Department of Transport.

Over view of the case

I parked in the train station carpark (never used it before) I entered my registration, paid the fee by my bank card, It said payment accepted and that was the end of that.

I got on the train.

However - on return 4 hours later I had a parking fine, of non display of payment, Confused I called INDIGO and asked what it was, and they advised it was because I did not have a ticket on the car, I explained that the machine did not give me a ticket, and advised I put my registration into the machine and thought this was an AMPR parking due to adding my reg into the machine.
They told me that I should have called and explained I didn't get a ticket, and should have fully read the TC on the board.

I appealed to them it got rejected - I am now in the appeal with POPLA, But after 8 months I have not heard anything, I called them today and they have said that my case is on hold with the Department of Transport because if some law on the parking, and that it may have to go to court?

I called D.O.T and they said they are unable to help me as they don't know who would deal with such thing.

What they hell is going on..

Ive sent the proff in that i had actually paid the parking via my card.

pappa_golf

as your case has exceeded 6mth , and only the train Co could bring charges , all is now finished

PoPla have escalated from putting on hold , to actually refusing to handle railway cases

things have moved on since your case , read recent cases , here have a laugh with this one https://forums.moneysavingexpert.com/discussion/5734100

The_Deep

It is a FUBAR, read this

http://parking-prankster.blogspot.co.uk/2017/01/popla-to-hear-byelaw-cases.html

then this

http://parking-prankster.blogspot.co.uk/2016/12/railway-byelaw-fiaso-warming-up.html

Mummy2211

Unfortunately I found out that My dad had paid over £100 for the fine from some debt company (the car was registered to my father who is 82)

I explained to Indigo that I was the driver and not my father and any corrispondance was to go via myself, Which they didn't. My dad didn't tell me about paying the fine until my mum asked my dad about a payment and he said they were going to take him to court, to which he panicked.

pappa_golf

I do believe (search) that at least one person has claimed there money back , after paying it , cant remember but unlawfully asking for money

pappa_golf

Mummy2211 wrote: »

Unfortunately I found out that My dad had paid over £100 for the fine from some debt company (the car was registered to my father who is 82)

I explained to Indigo that I was the driver and not my father and any corrispondance was to go via myself, Which they didn't. My dad didn't tell me about paying the fine until my mum asked my dad about a payment and he said they were going to take him to court, to which he panicked.

I hope you can still locate that paperwork

as the case was on hold with POPLa , the parking Co should not have written , demanding , threatening court or escalating charges whilst a POPLa appeal was outstanding

please find that paperwork and if they have done any of the above report them to the BPA

Castle

pappa_golf wrote: »

I do believe (search) that at least one person has claimed there money back , after paying it , cant remember but unlawfully asking for money

I remember it well:-
http://parking-prankster.blogspot.co.uk/2016/09/bargepole-assists-motorist-to-reclaim.html

Mummy2211

I think they will still have it. I will go and find it.

I have called the DOT and they are unable to help me, They sent me to another place, and they couldnt help me. POPLA cant help me anymore.

I am going to call indigo now, as i have just spoken to Thames Link and they have just said they have nothing to do with fines for their car park.

I spoke to the Debt company and explained it too them and said it wouldnt be paid. When i explained that the carpark machine is a keypad one to add my registration he told me to stop lying as he is looking at the pictures of the carpark and that they standard pay machine LOL. Not sure what he was looking at but it was not the train station i parked at as i went down that day a took a photo of the machines..

The_Deep

am going to call indigo now,


I hope you do no such thing Never telephone a PPC, always put everything in writing, This could well end up in court, and judges love well documented paper trails.

Umkomaas

Get your MP involved.

Mummy2211

Interesting I have just come across a letter in regards to the Bylaw - This is not a letter addressed to me, So i have cut out other details.

But this is a response from the department of Transport.

Forgive me if am being a little dumb here - But does this mean that such as Indgio can not use the the bylaw as a way to get a fine paid? So there for my claim should not be held up with popla? as it has not been issued by the court, and i dont think i have even broke a law either.



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.