Penalty Notice Railway Land

waamo

ImportantNotice wrote: »

Day 92: response from MP for Car Park area - you need to contact your own MP!
Day 93: response from BPA - quite long, but states they are there to investigate breaches of their COP (britishparking dot co dot uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018 dot pdf) but that no breach has been identified. Stuff about why they've removed POPLA requirements etc. The COP makes it very clear, however, in para 14.2 that the operator "...must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’"
Day94: response from DVLA Indigo Park Solutions UK Limited enquired regarding "Operating parking under Byelaws (Railway, Airport, National Parks)"

The registered keeper is now getting very worried and wants to pay to make all the stress go away...

Getting stressed by a letter? Actually there is no mention of debt collectors letters there, just from MP's and the DVLA that don't appear to say anything.

Crikey a bill for car tax must be terrifying as that demands money and has threats about clamping in.

ImportantNotice

lol! Car Tax is expected though, and generally paid by direct debit! Its the unknown that is stressful.

ImportantNotice

Full BPA response:
"Thank you for your email in connection to Indigo Park Solutions (Indigo) who as members of the BPA’s Approved Operator Scheme are required to abide by our Code of Practice. Our remit is to investigate breaches of our Code of Practice when evidence is supplied and to bring about rectification. If you wish to review this, it can be found on our website: [link removed]
To address your query, this is because the penalty has been issued under Railway Byelaws and there have been complaints alledging that POPLA has no authority to offer an independent arbitration on appeals made concerning penalties issued under Railway Byelaws. We firmly believe that effective legislation that is not open to interpretation is vital in ensuring a fair environment for both our members and motorists. That is why we took the decision to temporarily remove the requirement for our members who manage parking at railway locations under the Byelaws to offer an independent appeal via POPLA.

The BPA has campaigned at length for clarity on the Clauses in Railway Byelaws pertaining to parking to be improved to enable POPLA to continue to hear appeals, and Government committed at a meeting in January 2017 to provide clarification, but due to various circumstances, some beyond their control, this has not been forthcoming. Please note that we do anticipate a resolution by the end of this year.

I can advise that penalty charges should be issued for a breach of advertised terms and conditions of a privately owned site, and the operator can and will obtain Keeper details if they believe that they have reasonable cause to do so.

The Code states that 28 days is a reasonable timeframe for the motorist to appeal a charge from the date it has been issued. From the information supplied it would appear you have followed the process and your appeal has been rejected, and so there is no evidence that the Operator has breached the Code requirements in this instance.

As the BPA does not offer an appeals service, this means that if you remain unhappy with the outcome of your appeal you need to refer the matter to a Magistrates Court, or alternatively you could seek legal advice yourself to ascertain how you can contest the charge further.

I trust this information is of use to you.


Kind regards

Jo Barnes
Compliance Officer
"

waamo

ImportantNotice wrote: »

lol! Car Tax is expected though, and generally paid by direct debit! Its the unknown that is stressful.

The registered keeper can expect teams of letters demanding payment. The various companies making these demands are completely impotent when it comes to acting upon any threat.

Now any demands are expected and therefore nothing to worry about.

twhitehousescat

As the BPA does not offer an appeals service, this means that if you remain unhappy with the outcome of your appeal you need to refer the matter to a Magistrates Court, or alternatively you could seek legal advice yourself to ascertain how you can contest the charge further.

what they smoking ?


"YOU" csannot refer the matter to magstrates , its the TRAIN company that would do this , however as the train Co are not a member of BPA/IPC they cannot get your info from the parking co


someone posted indigo,s contract , that forbidden them from starting county court or even a private prosecution in magistrates

Umkomaas

We firmly believe that effective legislation that is not open to interpretation is vital in ensuring a fair environment for both our members and motorists. That is why we took the decision to temporarily remove the requirement for our members who manage parking at railway locations under the Byelaws to offer an independent appeal via POPLA.

And how is that ensuring a fair environment for motorists? Write back and ask?

As the BPA does not offer an appeals service, this means that if you remain unhappy with the outcome of your appeal you need to refer the matter to a Magistrates Court,

Tell her that you would like to refer this to a Mags Court, but you seem to be having some difficulty - could she advise the process you need to employ to do this? Puts her on the spot to stem her BS.

Please note that we do anticipate a resolution by the end of this year.

Like the notice in my local pub - 'Free Beer Tomorrow'!

KeithP

Please note that we do anticipate a resolution by the end of this year.

Is that the resolution that The Deep so often predicts 'by Christmas'?

Redx

given that its another month before the Greg Knight bill gets to the next stage, I think I have more chance of Bill Gates giving away all his money to me than this bill becoming law by december 2018 , never mind the actual Code Of Practice being drawn up and implemented


I cannot see it hapening for several months yet, but probably by XMAS 2019 I would think

KeithP

Redx wrote: »

I cannot see it happening for several months yet, but probably by XMAS 2019 I would think

Ah, yes.

Like the sign in Umkomaas' local pub... The Deep hasn't said which Christmas.

twhitehousescat

KeithP wrote: »

Ah, yes.

Like the sign in Umkomaas' local pub... The Deep hasn't said which Christmas.

53% of the UK population do not know what christmas is