Byelaws cases to be heard by POPLA again from 1.11.18

Coupon-mad

Apologies if this has been posted, just read this on pepipoo, thanks to Roy the Bus:

http://forums.pepipoo.com/index.php?showtopic=124136

I had cause to go on to the POPLA site this morning ( 16/11/18) and found this on the opening page regarding PCNs issued on railway bye-law land:

"There has been a delay in POPLA considering appeals against parking tickets issued on land subject to Byelaw. This was due to relevant stakeholders clarifying with government whether Notices issued under Railway Byelaws could be heard by POPLA.

POPLA has now received confirmation from the Department for Transport that it considers issuing penalties on Byelaws land a legitimate practice. It has also confirmed that as a matter of good practice – parking operators should offer an independent appeal against such penalties.

Due to the lack of progress on government guidance the British Parking Association (BPA) took the decision to remove the requirement for parking operators to signpost motorists to POPLA for penalty charges issued under byelaws from 18 September 2017.

The BPA has now instructed its operators to signpost motorists to independent appeal for all penalties issued on Byelaws land after 1 November 2018.

There are a considerable number of adjourned appeals within the POPLA system. It was thought that we would hear these appeals once we received clarification from the government. However, the parking operators in question have taken the decision to not contest these appeals. This does not mean the notices were issued incorrectly – the parking operators have made this decision due to the significant delay. All motorists with appeals adjourned for this reason will have the penalties cancelled and will receive notification in due course."

twhitehousescat

beat you by 20 mins https://forums.moneysavingexpert.com/discussion/5925233/railway-bylaws

twhitehousescat

rewriting POFa2012 ? by he back door

kryten3000

On the plus side, once you've waited until the last possible moment to appeal to the PPC and then let the POPLA code almost run out, by the time a POPLA decision is made, 3 months will have gone by.

twhitehousescat

https://popla.co.uk/docs/default-source/default-document-library/popla-update-on-tickets-issued-for-alleged-breach-of-byelaws.pdf?sfvrsn=0

very interesting reading , no mention of POPLa , and to be called PN


and copied from a link on pepipoo

"They say only the owner can be pursued - NO NO NO IT'S ONLY THE DRIVER!

They say "While POFA 2012 does not apply on Railway Land" - NO, IT'S ONLY SCHEDULE 4 OF POFA THAT DOES NOT APPLY - the rest of POFA does apply because the rest of POFA is not restricted to "relevant land" !!!!

I give up... "

twhitehousescat

if a new style PN notice is received for failure to display , simply state that failure to display is not a bylaw offence

beamerguy

Probably end up like WHOPLA .... The Wright Hassall load of rubbish courtesy of the infamous BPA

Fruitcake

From the DfT letter.

Doesn’t mention Penalty or Penalty Notice, only PCN.

More appropriate means of incentivising motorists …compared to bringing a prosecution.

In other words, encouraging people to comply, not forcing or penalising.

No statement anywhere of assumption that the owner is the keeper. Made up solely by PoPLA.

Ability to render a charge under Byelaw 14(4)(i) is distinct from the general enforcement power in Byelaw 24(1), … in the Magistrates Courts.
So can this be pursued in a different court, or by omission is that the end of it?

Depends on agreed terms between the PPC and owner/reg keeper.

No mention of driver. No mention of how an owner can know the Ts and Cs at the material time. No mention of how an owner can have agreed to the terms if they were not present.

Give an opportunity to appeal.

No mention what happens after an appeal if unsuccesful, so by omission is that an end to it?

Coupon-mad

kryten3000 wrote: »

On the plus side, once you've waited until the last possible moment to appeal to the PPC and then let the POPLA code almost run out, by the time a POPLA decision is made, 3 months will have gone by.

Yes.

I have asked for the NEWBIES thread to be opened so I can edit the advice about Indigo railway cases (and on another topic, I plan to remove the template examples re LBCs and just tell people to send the PPC a SAR and the solicitor a 'holding letter' referring to the SAR).

I suggest with Indigo Railway cases they need to treat them like an IPC one and wait for the NTK (that rubbish prosecution threat) which is always at least 2/3 months down the line. Then appeal, then wait for their POPLA code and complain to the BPA if not offered, then slowly - last minute - do POPLA.

All of that foot-dragging could get people to 4/5 months down the line, even before POPLA have spent a month or more on it...



Here is someone who has just had their 'on hold' Indigo case cancelled:

https://forums.moneysavingexpert.com/discussion/5687405/complaining-first

Troubled42

Great thread.
I thought this was amusing still when I read Indigo's appeal website.

"Please note that Penalty Notices received at a Rail Car Park cannot be appealed via POPLA.":rotfl:

(i'd post the link but im too new...!)

uk.parkindigo.com/en/news/blog/how-to-appeal-a-parking-ticket

beamerguy

Troubled42 wrote: »

Great thread.
I thought this was amusing still when I read Indigo's appeal website.

"Please note that Penalty Notices received at a Rail Car Park cannot be appealed via POPLA.":rotfl:

(i'd post the link but im too new...!)

uk.parkindigo.com/en/news/blog/how-to-appeal-a-parking-ticket

https://uk.parkindigo.com/en/news/blog/how-to-appeal-a-parking-ticket

I guess that in light of the new bill that was passed in the house yesterday, these vermin will be trying to work out how they must behave without losing DVLA access.

No time to update their website