Appeal lost and not given Popla code

Coupon-mad

But the complaint should still go to the DVLA and BPA, and the local Trading Standards.

Seems to me that Indigo/ZZPS are demanding money for a 'byelaws penalty' unlawfully. They can't have it both ways, this is ether:

(a) a byelaws penalty (no POPLA because they convinced the BPA to let them off, but that restricts recovery/laying before Magistrates Court, to six months ONLY)

OR

(b) it was not a penalty at all, a contractual charge, in which case they should have offered POPLA.

Can't have their cake and eat it.

This will need careful explaining to TS who will NOT be familiar with this latest 'outrageous scam' (Hansard).

Send an email to Steve Clark and show him this thread as a link (he does read MSE threads).

steve.c@britishparking.co.uk

High time the BPA got their house in order on this matter. ZZPS appear to be laughing at them.

Gutsygirl90

I had already replied before I saw your response financerulez - thank you so much for doing this.

See what I replied below and what they have replied...

You stated the Penalty Notice was issued for a breach of contract. Penalty Notices are normally referred to with reference to criminal law, as penalties are banned in contract law. Either way, there is no Keeper liability in this alleged breach of contract, as POFA 2012 does not apply on byelaw-governed land.

In response to your points;

"Please be aware that we have no recourse regarding the driver, under Railway Byelaw 14, the owner of the vehicle will be held liable."

For an Owner to have any liability under these byelaws, a breach of the byelaws must be proven (and even then it states an Owner 'may' be liable.) Only a Magistrates' Court can enforce a byelaw breach as confirmed by the DfT. Are you a Magistrates' Court?

"1. The Penalty Notice was issued due to a breach of contract but the balance does not relate to costs incurred by this breach."

What is the balance for then?

"2. We are not able to provide this."

You want to claim a breach of contract has happened, without any contract?


Most importantly your actual recourse of bringing a prosecution for a byelaw breach has now expired as this ticket was issued over 6 months ago.


Their response...

Good afternoon,

We are in agreement that POFA 2012 bares no relevance to this matter, under Railway Byelaw 14, you will remain the liable party.

The balance of this Penalty Notice is as stated on the signage on site, there is no requirement for this to relate to cost incurred.

As we do not operate the site and did not issue this Penalty Notice, we are unable to provide you with photos of the signage on site. You are free to request this from the car park operator or return to the site.

The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

Kind regards,

nosferatu1001

I would respond back, an suggest they look up the Magistrates act relevant (cant recall the right name) to this, and notice the limitation

Ask them if they are capable of reading this themselves, or will they continue to make unlawfully misleading claims that they can prosecute a case more than 6 months after the incident date?

financerulez

No worries.

This is a new line from them, or at least I haven't seen them attempt to pursue in this way before.

Who is it who is actually replying to you? (Which company?)
Don't forget to send what we said to DVLA, BPA, trading standards, etc.
Could be worth you making a subject access request to the DVLA and ask them the following:
- Who accessed your vehicle data
- When they accessed it
- What method was used (what form?)
- What reason they provided

DVLA will respond in around 10 days. Email address can be found on forums/Google, but it's something like subjectaccessrequest @ dvla etc. Provide them with a rough timeframe - so maybe July 17 to Sept 17, and your name, address, licence plate.

You could reply to the above:

Thank you for confirming that I have no liability as Registered Keeper. Please therefore explain how you believe I have any liability under Byelaw 14? If you are making the assumption that I was the Driver or am the Owner of this vehicle, please provide evidence for such.

All this aside, how do you expect to enforce Railway Byelaw 14, a criminal law, only enforceable by a Magistrates' Court, as confirmed by DfT? You have stated an alleged breach of contract, but what part of the contract do you believe has been breached? Please bare in mind that it cannot relate to Byelaw 14 as no breach has occurred, and no breach can be enforced as the limitation period for a Magistrates' Court prosecution has expired. Please see Magistrates' Courts Act 1980 s127(1): "Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates!!!8217; court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose."

I am confused as to how you could view the Registered Keeper liable, and have reported this incident to the DVLA and BPA. The correct procedure most certainly has not been followed, and I will be further raising this with trading standards as your claims are unlawfully misleading. I have contacted DVLA separately to request details of what data was passed to who, and will be considering my legal position with regards to bringing a claim for a data breach and harassment.

As you have confirmed I have no liability as Registered Keeper, please see my previous email, and contact the driver directly, or should you incorrectly believe you have some recourse against the Owner, please contact the Owner.

Yours faithfully

X

Coupon-mad

The details were requested from the DVLA within 6 months of the contravention, therefore, the correct procedure has been followed.

You couldn't make it up, could you?

This is an absolute 'scam' from 'bloodsuckers' who 'wilfully mislead' (Hansard 2.2.18).

Trading Standards, BPA and DVLA complaint - NOW. Explaining the reality, as already posted.

waamo

Why keep writing to them? It has timed out. There is nothing they can do other than send letters clearly composed by the village idiot.

Ignore them.

Coupon-mad

Complaints are needed to stop ZZPS from making this up as they go along. They MUST be stopped.

waamo

Coupon-mad wrote: »

Complaints are needed to stop ZZPS from making this up as they go along. They MUST be stopped.

Paying The Deep. Sir Deep your presence is required in this thread.

ratechaser

waamo wrote: »

Paying The Deep. Sir Deep your presence is required in this thread.

We never recommend paying on here

waamo

ratechaser wrote: »

We never recommend paying on here

Oops sorry that's paging.