POPLA on hold due to BYLAW

pappa_golf

all paperwork relates to the keeper , the POPLa appeal must have been signed by your dad , as he was the keeper , you never got a NTK in your name

your father as the keeper paid the ticket

KeithP

This post, made less than half an hour ago, gives a good BPA email address:

forums.moneysavingexpert.com/showthread.php?p=73771998#post73771998

Handbags-at-dawn

Maybe you should remind your Dad it was Indigo who caused the nurses at Cardiff Hospital such grief last year – as reported here: http://www.telegraph.co.uk/news/2017/07/17/nhs-staff-ordered-pay-thousands-parking-fines-racked-hospital/

That might make him angry enough to want to fight back. (To be precise, it was Indigo Park Services Ltd. They also hold the contracts for railway stations, but their sister company Indigo Park Solutions manage the station car parks presumably acting as sub-contractors)

In your letter to Indigo you could also draw attention to the false representation made in the letter from their agents ZZPS (aka PCN Admin Centre). The letter will have stated (check the exact wording):

“You are legally liable for this penalty even if you were not the driver at the time.”

This is a lie. Your father, believing it to be true, paid up. You can tell them he is entitled to get it back under the Consumer (Protection from Unfair Trading) Regs 2008 as amended.

Castle

A Government guide:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409334/bis-14-1030-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf

Mummy2211

So I emailed POPLA - This was the response they sent back to me.

Dear Amanda Greenwood,

Thank you for your email dated 26 January 2018.

Please accept my apologies that you were not notified in writing of our decision to place your appeal on hold. POPLA was given guidance to follow in these circumstances, which said that we would not contact either appellant or operator to advise that these appeals were on hold. This is because we had a very high number of appeals of this nature within the period of time, and our senior staff members were expecting to have an answer to the issue in August 2017. However, due to the issues with Brexit and the elections that followed, the Department for Transport has not been in a position to issue the guidance we are waiting for. We are still currently in this position. I can only highlight that you are able to track the progress of your appeal at all times on our website.

I recognise you also explain that the assessor who spoke to you on the phone was not able to provide much information around Byelaws. Currently, our assessors have very limited information as to our process with Byelaws, and are advised to put appeals on hold. POPLA has released its annual report, which covers POPLA’s position on the Byelaws. You can read the report here: http://www.popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2017-final.pdf?sfvrsn=2. I have also copied the relevant information below:

Byelaws
In September 2016, POPLA took the decision to adjourn all appeals relating to parking charges or penalty charges issued on land subject to byelaws. We did so after receiving challenges that we did not have a remit to determine a byelaw breach.
We accept that only a court can determine a breach of law. However, the British Parking Association expected its approved operators to allow a free route to independent appeal on all parking ‘tickets’. Consequently, parking operators issued POPLA codes when refusing appeals against parking charges or penalties issued on land subject to byelaws and the appeals ended up with POPLA.
We initially considered such appeals because we share the British Parking Association’s view that all motorists should have a route to a free independent appeal against a parking ‘ticket’ issued by a British Parking Association Approved Operator. We consider it right that if we find that a parking charge or penalty had not been issued correctly, we can allow the appeal and require the parking operator to cancel the charge or penalty. Nonetheless, the law around byelaws is complex and we took the decision to adjourn to ensure we were not overstepping our remit.
Since taking the decision to adjourn, POPLA has liaised with key stakeholders to establish a way of dealing with such appeals in the best interests of all involved. Through our liaison, the Department
for Transport agreed to produce guidance on railway byelaws. We had expected to receive guidance in the second quarter of 2017. However, the 2017 general election meant that this timetable was no longer realistic and the guidance was put on hold. Now the election has taken place, we are hopeful we will receive clarification on this issue in the coming months.
For the time being, we remind all motorists impacted by this adjournment that the parking operator involved should not pursue payment while an appeal is ongoing with POPLA.
Due to the lack of progress on byelaws guidance, and the building backlog of cases at POPLA, some operators began cancelling parking ‘tickets’ issued on byelaws land at the first appeal, even where they were of the view that the parking ‘ticket’ had been issued correctly.
The British Parking Association considered the situation unsustainable because, if motorists felt they could park with impunity, it would make parking management very difficult. Therefore, the British Parking Association took the decision to remove the requirement for parking operators to signpost motorists to POPLA for parking charges or penalty charges issued under byelaws from 18
September 2017.
POPLA recognises the impact this might have on some motorists but we remain committed to offering all motorists the right to a free independent appeal. We will continue working with all interested parties to gain clarification on this issue as soon as practically possible.
Further updates will be provided on our website as things develop.

I note you are frustrated with the length of time passed between you submitting the appeal to finding out why it was put on hold. Going forwards, I would like to thank you for your comments, which I have passed to the senior members of our team to review, and consider in line with our process improvements.

Yours sincerely

Sophie Taylor
POPLA Complaints Team


So nothing that i hadnt already known before.

Also my Appeal was sent into them in July 2017 - So why did they not tell me about this when the appeal was sent in. As they would have known that it was atrain station when everything was submitted.

I havent heard anything from Indgio yet.

waamo

What about the BPA? Did you complain to them?

Mummy2211

Yes sorry I completely forgot about there response, Although i couldn't find a right email address for them so I used their web page to send a message to them asking for the correct email address that i could send my complaint too.


So I now need to email the email address given below - Although I am unsure on what to write.
this was their response

Dear Ms Greenwood,

Thank you for your e-mail.

Please be advised we can investigate breaches of our Code of Practice by our Members but we cannot get involved with individual ticket disputes and we cannot get tickets cancelled.

If you believe Indigo have breached our Code, please send the full details to aos@britishparking.co.uk

Kind regards,
Gemma Dorans
AOS Investigations Team

waamo

Demanding payment whilst a POPLA appeal is in play is a breach of their code. Tell them what happened and stress they demanded money despite an appeal being lodged.

pappa_golf

Please be advised we can investigate breaches of our Code of Practice by our Members but we cannot get involved with individual ticket disputes and we cannot get tickets cancelled.




seconded,,,,

waamo

Also complain to your MP. Parking companies and the BPA are very much in the spotlight at the moment.