Stopping not parking

KeithP

@Castle - you may have missed the last sentence I added.

Here it is again:

POPLA - Parking on Private Land Appeals - why are they even considering anything here when everyone agrees that no parking took place?

Castle

KeithP said:

@Castle - you may have missed the last sentence I added.

Here it is again:

POPLA - Parking on Private Land Appeals - why are they even considering anything here when everyone agrees that no parking took place?

Thanks-crossed in editing I think.

I see that I mentioned something similar back on 7th August about what the "P" stood for in "POPLA"'s name.

KeithP

Castle said:

KeithP said:

@Castle - you may have missed the last sentence I added.

Here it is again:

POPLA - Parking on Private Land Appeals - why are they even considering anything here when everyone agrees that no parking took place?

Thanks-crossed in editing I think.

I see that I mentioned something similar back on 7th August about what the "P" stood for in "POPLA"'s name.

Yes you did. I had forgotten that.

Coupon-mad

The assessor has confirmed in their assessment that in this instance to wording in POFA is not relevant.

POPLA will refer to POFA to establish if the operator has transferred liability of the PCN when the driver has not been identified.

The assessor did consider POFA and confirmed that operator had met the requirements of POFA in transferring liability of the chare to you as the registered keeper and that we will not apply POFA in regard to stopping in a no stopping area.

I am sorry...whaaaaaaat????

You need to complain again about that paragraph and ask for a final response from Mr Gallagher (lead Adjudicator) or Mr Ineson (Sector expert) because this is gobbledegook.  

Utter rubbish; where the POFA doesn't apply, liability can't be transferred.  Stopping is not a parking event.

AND DO THIS - PLEASE PLEASE PLEASE:

CALLING ALL NEWBIES!

Please now make a real difference because not enough people have yet, and time is running out.  An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

 

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

 

Paul_Parker

Coupon-mad said:

The assessor has confirmed in their assessment that in this instance to wording in POFA is not relevant.

POPLA will refer to POFA to establish if the operator has transferred liability of the PCN when the driver has not been identified.

The assessor did consider POFA and confirmed that operator had met the requirements of POFA in transferring liability of the chare to you as the registered keeper and that we will not apply POFA in regard to stopping in a no stopping area.

I am sorry...whaaaaaaat????

You need to complain again about that paragraph and ask for a final response from Mr Gallagher (lead Adjudicator)

Done.

Paul_Parker

Despite several requests, I got no further response from Mr Gallagher or any of his colleagues.

I've been receiving - and ignoring - occasional demands for £160.

Today I have received a "Letter of Claim" (Note: "of", not "before")  from BW Legal, saying they have been "instructed by Defence System Ltd t/a Park Watch to commence legal action... by issuing a claim against you in the County Court", and giving me "30 days" [sic, the letter is dated 25 January and also mentions a deadline of 24 February] to respond before they do so. It asks me whether I agree I am liable, or dispute the charge.

They itemise an "estimated" claim of £272.21

Am I right in thinking I am now at this stage:

https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585 ?

KeithP

Paul_Parker said:

Am I right in thinking I am now at this stage:
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585 ?

Yes.              

Paul_Parker

I wrote to BW Legal in February  2022, replying to their Letter of Claim, saying that I denied any debt; and was seeking debt advice.

I got a replay saying "We can confirm we have placed your account on hold for a period of 30 days until [date] April 2022". I heard nothing more from BW Legal until this week.

I also sent a subject access request to Park Watch, and received in March 2022 copies of material, but it contained no new information.

I have now received ANOTHER "Letter of Claim" from BW Legal, with a deadline in the latter part of June 2023.

The "estimated claim" is now almost £290.

What now?

Le_Kirk

Refer to the NEWBIE sticky, the advice has not changed.

Paul_Parker

Le_Kirk said:

Refer to the NEWBIE sticky, the advice has not changed.

I see no advice there about a second LoC. Please can you point me to the relevant part?