When POPLA rejects an appeal, are there other options available?

Grizebeck

If the charge is paid POPLA have no involvement

fisherjim

This whole drop off zone is a complete farce added to that you are dealing with organizations that are not the brightest sparks in the box neither APCOA or Sixt have a clue what they are on about.

Both are only interested in increasing their profits one with fake fines the other rubbing their hands with any add on charges they can muster.

The organizations that should be kicking this disastrous idea of scam charging into touch are the BPA, (these zones have nothing to do with their organization, they are a parking members club not a moving traffic monitors club) and the BVRLA. Both should be censuring their members and stopping these practices.

However they are gutless and trying to shield their members hoping each complaint will fade away.

POPLA in this instance IMO are the only ones sticking to the made up rules.

ToadRoadie

Thanks Half_way,  yes will be sure to make that distinction between parking and penalty charges in all correspondence.

ToadRoadie

Grizebeck,   yes that is what POPLA has stated to me.  However under BPA's code of practice Section 23(1) it seems that APCOA  did in fact open the door by accepting to consider my appeal after I had alerted them to the fact that the payment of the PCN was made not by me, but by the rental car company.   

I have alerted POPLA to that fact and advised that APCOA was therefore a willing participant in having received and adjudicated my appeal,  and then referring me onward to POPLA.   I have stated to POPLA that APCOA should now not hide behind the paid PCN technicality in order to shield itself from an appeal judgement at POPLA level.

Does anyone here know if the policy of non-involvement by POPLA in matters where the PCN has been paid,   is a POPLA in-house policy?.....Or is it a policy which was adopted by the parking operator members of BPA?.....Or it is based on some civil law precedent?

ToadRoadie

Yes fisherjim,  

That whole Drop Off Zone issue is in my view,  not a lawful one the way it is currently being run.   The parking operator (acting at the behest of airport management)  in that location is by law,  under the Traffic Act 2004,  accorded only limited civil enforcement / Special Area Parking powers. 

 There is no legal authority behond that provision,  for them to levy Road User Charges or similar on moving traffic on a public roadway through the Departures Level of an airport.   They are exceeding their powers in such cases.

The parking operator and airport management in these cases certainly appear to be on shaky legal ground.   As such,  it would seem that the airport operator which is tasking its parking contractor to impose road user charges under the guise of "Drop Off Zone" parking management;   might be liable as well under some regulatory mechanism,  to account for its action in such matters.   

Does anyone on this thread know:    To whom,  is a private corporation such as an airport management firm accountable,  in such parking charge matters?    Is it Department for Transportation UK;   or is it Greater London Authority (GLA);   or some other governmental or regulatory body which has oversight?

Coupon-mad

POPLA will not hear it.

Complain to the BPA about APCOA having no signs with £80 on (only £5) and misleading you that you could appeal to POPLA, having already misled Sixt into thinking they were liable for a NON-POFA PCN.

If not resolved, complain to the BVRLA about Sixt paying a NON-POFA PCN  which was not only never their liability (because there is no keeper liability on Airport land) but is also an invoice (driver liability only) not a fine covered by their t&cs.  All Sixt had to do was transfer the PCN to the driver as per the MoU signed with the BPA.

ToadRoadie

Excellent advice Coupon-mad.  Very helpful approaches provided.   Thank you.