POPLA on hold due to BYLAW

pappa_golf

yes , that was a FOI request published on GOV online , new twist spotted on pepipoo earlier today

I've been complaining to the DVLA for ages about Indigo creating a mish-mash of contract and Byelaws enforcement at station car parks. As it happens, this afternoon I got an email from a DVLA Compliance Manager which, in amongst all the usual blah about taking such matters seriously, says this:

"Indigo Parking have advised that they are not and have not for a number of months been requesting data whilst they are investigating this matter" .

So, as long as you don't give away yours or the keeper's name and address, they won't be able to write to you - for the time being anyway (and provided they were being truthful of course).


so were they pushed or did they fall? did the DVLA get round to declining , or just ask them not to request info on railway land

Castle

Mummy2211 wrote: »

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.

Did Indigo call it a "Penalty" or a "Parking Charge Notice" on their paperwork?

KeithP

Mummy2211 wrote: »

...does this mean that such as Indgio can not use the the bylaw as a way to get a fine paid?

That's exactly what it means.

Effectively, all Indigo can do is say "pay us the money we are asking for or we'll tell the Train Operating Company about you".

Of course lots of people pay up so Indigo wins.

It should also be remembered that Indigo would be breaching agreements they have with the DVLA were they to pass your details to the TOC.

Mummy2211

Ah ok that's interesting - I have just re read my letter from indigo refusing my appeal to them, The code they have used is 01 - Parking without a ticket.

Below is the letter from them.

What I don't understand is - Why are Popla now saying that my case is held up with the department of transport because of the Byelaw?

i can paste my letter from Indigo on to here for you too see

pappa_golf

popla are flummoxed and dont know what to do , neither do the DVLA ,

its a huge !!!! up that has backfired on indigo,s greed

however many 1000s will just pay up

Mummy2211

Should I go back to Popla now and say that my case can not be held up because of the Bylaw, because this if indeed it was a breech Indgio would not be able to issue me the fine in the first place? and state the reply from the department of Transport -the code on my Ticket was 01.

Also It was called a Penalty Notice.

pappa_golf

nothing to do with POPLa , as

a: its been paid

b: a Penalty Notice.


follow lead above and get money back from indigo ,

Mummy2211

POPLA dose not know its been paid, They guy from Indigo told me not to tell them it had been paid (it was paid to an outsourced company called "zzps" Although just looking at their website I think they are part of indigo.

I will contact Indigo in writing and advise of the information I have got today in regards to the Byelaw.

Although i am sure they will just tell me that its in the hands of popla.

Mummy2211

This was taken off the ZZPS website.



What happens if I lose my appeal but don't to pay?
If you lose your appeal to you should pay the PCN. If you refuse, the amount of the PCN may increase and legal action may be taken to recover the amount of money due.

Is there any legislation to which I can refer?
Your attention is drawn to the Protection of Freedoms Act 2012 and in particular Section 56 and Schedule 4. If you have received a Penalty Notice, please refer to the Railway Byelaws.


So if i write to Indigo and explain that they are unable to issue me the PCN due to under bylaw law only a court is able to issue a charge for this, Which they have not done, Also they are unable to pass my details onto the Train Company due to data protection act.

KeithP

But I'm pretty sure that none of that is going to get Indigo or ZZPS to refund the money willingly.