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Indigo
freddy1
post Mon, 9 Oct 2017 - 16:47
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I can confirm Indigo Park Solutions are members of the BPA and an Operator under the Approved Operator Scheme.

The British Parking Association (BPA) has campaigned at length for clarity on the Clauses in Railway Byelaws pertaining to parking to be improved. Government committed at a meeting in January to provide clarification but due to various circumstances, some beyond their control, this has not been forthcoming.

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 have taken 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.

Motorists who breach the advertised Terms & Conditions and receive a Parking Charge Notice (PCN) but who believe it has been unfairly issued will still be able to appeal to the operator. If however they remain unhappy following an appeal’s rejection the final decision can be made at a Magistrates Court.

In the meantime we will continue to work with Government to achieve a resolution to Railway Byelaws Clauses.

In view of the above, Indigo have not breached our Code of Practice and therefore we cannot investigate the matter any further.”

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Speeling mistakes are BPA copyright
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post Mon, 9 Oct 2017 - 16:47
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cabbyman
post Mon, 9 Oct 2017 - 19:32
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How does that square with the PoFA/KADOE requirement to offer ADR?

How can a private company provide for ADR via mags?

Would the BPA please provide details of the precise mechanism.


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Cabbyman 10 PPCs 0
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freddy1
post Mon, 9 Oct 2017 - 20:07
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good question , BPA are washing there hands and saying its not a "private parking ticket" therefor its nothing to do with them

the post above was on MSE , and I commented to the statement

"Motorists who breach the advertised Terms & Conditions and receive a Parking Charge Notice (PCN) "


PCN for tresspass?

I can see magistrates putting up with this (not)

how can trespass be so simplistic as say a parking ticket (of which you have already entered details in machine ) blowing over

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bama
post Mon, 9 Oct 2017 - 20:41
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Just the BPA
1) avoiding the issue completely
and
2) Strongly hinting that the driver (whom the call "motorist") must appeal to the PPC - and thereby dob themselves in as being the driver. Byelaw offences easy to send to mags (should it actually be a real byelaws offence, lots of PPC issue tickets for thing that are not forbidden by the Byelaws) once the driver has dobbed themselves in. PPCs don't want to send it to mags so the bit about "following an appeal’s rejection the final decision can be made at a Magistrates Court." is patently designed to make people pay up.

of course they have not mentioned the whole matter of the geographical limitation (boundary) of Byelaws nor the fact that the enabling acts only only Byelaws that cover 'persons on the premises'. So an RK not in the car still has a LOT of ammo to fight these.
And of course for a Mags prosecution they need proof of the driver to the criminal standard - that could be why the BPA has been so heavy handed in shaping this - to try to convince those who are not familiar with the facts to make the driver dob themselves in. They can then use this in their usual 'pay some some dosh or we will take it to mags' threat (many on here call 'blackmail' as shorthand. It may even be one of tort forms of blackmail according to what I have read...)
PPCs have no interest in mags cases - they want the dosh.

never forget that every officer of the BPA get elected by the members. And that every candidate campaigns on "increasing revenue for members". Bear that campaign promise in mind each and every time you read anything from the BPA. According to their campaign promises ever fibre of their being is being applied "to increase revenue for members".

Oh, and the Byelaws are by and large absolute tat and grossly unsuited to the purpose to which they are being put regarding parking. Just need the appropriate Authorities (TOCs, Airports, Harbour Boards etc) to re-write their Byelaws.
But they haven't. What can be stopping them ? Knowledge of the geographical limitation ? (of course the know about this). unwillingness to to derail the gravy train ? the longer the 'confusion' lasts the more money they rake in. if there was clarity people could find out easily what to do. Without clarity only the folks that come here on byelaw tickets get assistance.
BPA, PPCs and TOCs want that to continue for as long as possible.

I mean what would happen if people started using their partner's car to drive to the station ?
carmageddon ? ? yeah right... No it wouldn't be carmageddon, but it would sure put a crimp in PPC revenue from Byelaw tickets IF the position was clear to the general public.


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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The Rookie
post Tue, 10 Oct 2017 - 04:35
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QUOTE (freddy1 @ Mon, 9 Oct 2017 - 21:07) *
PCN for tresspass?

I can see magistrates putting up with this (not)

how can trespass be so simplistic as say a parking ticket (of which you have already entered details in machine ) blowing over

Erm its not trespass it's an alleged criminal offence......rather different.

I note those using Southern's RPS (such as Virgin East Coast) call them Parking Penalty Notices.

But the PPC's should be using written applications as I believe they can only use KADOE for private parking tickets not a pseudo penalty notice I thought?

EDIT: KADOE requires the PPC to comply with the relevant ATA's CoP, the BPA CoP says
QUOTE
19.2 In the Code ‘parking charges’ means charges arising from
enforcement under three different circumstances:
• when a motorist breaks the terms and conditions of a
parking contract
• when a motorist trespasses by parking without
permission
• agreed charges that are advertised in the contract; for
example, for an overstay.


No breach of byelaws then! So no use of KADOE, must be a paper application, has this aspect not been queried with the BPA and DVLA before?

Reinforced later by
QUOTE
Local Authorities and unregulated parking
20.20 We believe that where possible parking enforcement
should take place within the legal framework provided by
such legislation as the Traffic Management Act or other
road traffic regulations. If you are enforcing as a local
authority, you should try to enforce in this way.
20.21 If this is not possible for whatever reason, you may
use the rules of the Code to manage your unregulated
parking enforcement in the following way:
• You may not use this section of the Code, PoFA
2012 or POPLA to manage your unregulated car
parks if you are enforcing using the principles of
the law of contract.
• You may use the section of the Code for Scotland
and Northern Ireland if you are enforcing using the
principles of the law of contract in any part of the UK.
• You may use this section of the Code, PoFA 2012
and POPLA if you are able to use the principles of
the Tort of Trespass.
20.22 In order to request information from the DVLA’s vehicle
keeper records for unregulated parking events, you must
use an entirely separate system to that which you use for
requests under regulated authority. You must also be aware
of the charge that will be made by DVLA for these requests.
20.23 When you join the AOS, you must tell us which regime
you intend to enforce under.


This post has been edited by The Rookie: Tue, 10 Oct 2017 - 05:17


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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freddy1
post Tue, 10 Oct 2017 - 08:29
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if indigo continue to use KADOE , then pass info to a NOT BPA/IPC party , ie the TOC , is this not a serious breech

and yes , we know they have been doing this all along
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ManxRed
post Tue, 10 Oct 2017 - 09:38
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QUOTE (freddy1 @ Mon, 9 Oct 2017 - 17:47) *
Blah blah blah blah...

In view of the above, Indigo have not breached our Code of Practice and therefore we cannot investigate the matter any further.”


The last sentence is the only important one in their statement.

Pass the handsoap.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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