NPC - Railway Car Park

Coupon-mad

I think the advice on this thread is outdated IF the POPLA interpretation is right.

The POPLA report says that following the DoT guidance, parking operators can pursue the owner. The owner is also the keeper. No need to involve the driver as he does not affect owner liability. The operator can use the DVLA to identify the owner. These are the main points, which is why I can't see how the advice at the top of this thread is right.

But none of that is relevant to NCP, if the PCN is not a penalty.

And POPLA are not an authority on byelaws anyway, they are fairly clueless and (we suspect) state the biased version that the BPA - their paymasters - tell them to put.

Fruitcake

Forget the PoPLA report. It makes assumptions that do not and cannot hold up in law.

There are a number of entities involved where a motor vehicle is concerned.

The Driver.
The Owner
The Keeper
The Registered Keeper.

As I already told you, where Railway Byelaws apply The Driver can be liable and the Owner may be liable, but neither The Keeper nor Registered Keeper can be liable. No assumption can be made in law that The Keeper and Owner are the same, any more than The Driver and Registered Keeper are the same.

Let's say I drove the car, owned by a finance company, kept (looked after on a day to day basis) by your spouse, registered with the DVLA in your name.

At best, when PoPLA made the comment about assuming the keeper and owner are the same, they were delusional, at worst they were lying.

Stop looking at reports paid for by scammers and follow the advice you have been given. Stop looking for a reason to be a victim.

larachantie

Wow, I'm really struggling with this but thanks for your patience. (For background I've had a similar railway car park charge from APCOA).



NCP (and APCOA) appeals go through POPLA so are you saying I (as keeper or owner) need to appeal to POPLA with an argument that appears to conflict with their latest Annual Report guidance? Surely they will reject it? (By the way I can't find any success appeals on railway land on the POPLA Decisions thread since the DoT advice that owners can be pursued was made in June 2018.)

waamo

When you go to POPLA you appeal saying POFA does not apply. You are the registered keeper. The driver has not been identified. The driver is the one liable as liability cannot be transferred under POFA.

Fruitcake

larachantie wrote: »

Wow, I'm really struggling with this but thanks for your patience. (For background I've had a similar railway car park charge from APCOA).



NCP (and APCOA) appeals go through POPLA so are you saying I (as keeper [STRIKE]or owner[/STRIKE]) need to appeal to POPLA with an argument that appears to conflict with their latest Annual Report guidance? Surely they will reject it? (By the way I can't find any success appeals on railway land on the POPLA Decisions thread since the DoT advice that owners can be pursued was made in June 2018.)

The owner sits in the corner next to the driver and both keep their mouths shut and their fingers away from the keyboard. They are not involved.

I told you to ignore the PoPLA report, so why are you referring to it again?

Create a PoPLA appeal using all the relevant points from post 3 of the NEWBIES. Post your draft here for checking.

Find out if byelaws apply. If they do then one of your appeal points will be that the keeper is not liable.

Irrespective of whether byelaws apply, the NTK was too late for keeper liability to apply as it failed to meet the strict timescales of the PoFA 2012.

Everything you need is in the NEWBIES.

Umkomaas

an argument that appears to conflict with their latest Annual Report guidance?

But that was last year, an immutable report. Much has changed, and continues to change, in this madhouse world of private parking.

One thing is for sure, that (crap) guidance will not appear in the next POPLA Annual Report. POPLA know far less about this stuff than the tiny handful of volunteers who regularly advise on this forum.

KeithP

Fruitcake wrote: »

Create a PoPLA appeal using all the relevant points from post 3 of the NEWBIES. Post your draft here for checking.

But larachantie, it would be far better if you were to do that on your own thread.

This isn't your thread.

antioch

KeithP wrote: »

But larachantie, it would be far better if you were to do that on your own thread.

This isn't your thread.

Hi Larachantie

Please take the advice given by KeithP and create your OWN thread. This is my thread and you did not even ask to join in. Then you can comment and argue whatever points you wish to make. This will avoid confusing me.

Antioch

antioch

Hello waamo
Is your post directed towards my next actions or a reply to another post?


Antioch

waamo

antioch wrote: »

Hello waamo
Is your post directed towards my next actions or a reply to another post?


Antioch

It for whoever needs it. It's a general comment on how to approach railway land appeals.