Reasons to appeal to POPLA

Alex Shipp made this Freedom of Information request to Department for Transport This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Department for Transport,

The 4 current reasons to appeal to POPLA as listed on http://www.popla.org.uk/makinganappeal.h... are as follows:

The vehicle was not improperly parked: e.g. that the vehicle was not parked where stated on the parking charge notice; that you believe you were still within the time you paid for; that the voucher was clearly displayed or that the conditions were not properly signed.

The parking charge (ticket) exceeded the appropriate amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid.

The vehicle was stolen: e.g. that the vehicle was improperly parked after being stolen. However, the fact that someone else was driving your vehicle, for example a family member, friend or colleague, is not in itself a valid ground of appeal. The fact that you told the driver that they could only use your vehicle on condition they did not get any parking tickets is not a valid ground of appeal.

I am not liable for the parking charge: e.g. that you had sold the vehicle before, or bought it after, the alleged improper parking. However, the fact that you had paid to park the vehicle in the first place (even if, for example, the voucher was not clearly displayed) is not in itself a valid ground of appeal.

The POPLA lead adjudicator, in his annual report available here http://www.popla.org.uk/AnnualReport.htm made this comment regarding the reasons to appeal to POPLA:

"The appeal form notes and the website suggests situations which might fall within particular grounds but we, and the Department for Transport, were aware that too many suggestions as to what is not within a particular ground, may have the unintended consequence of perhaps putting off a motorist with a genuine case."

1) Please provide any documentary evidence that confirms you agree with this statement by the Lead Adjudicator, such as emails, meeting notes, policy statements, etc

The POPLA representative, in a meeting between the DVLA and the British Parking Association (BPA) Limited (documented here https://www.whatdotheyknow.com/request/1...) stated that any reason at all could be used to appeal to POPLA

Internet forums report the most common reason to uphold a POPLA appeal is one not mentioned on the POPLA website: failure to adhere to the BPA Ltd code of practice.

2) Please confirm if the DoT have continuing input into the policy to display appropriate reasons for appeal on any independent review body such as POPLA (or any new body)

3) If they do, please confirm how often this policy is reviewed and if there are any triggers which would cause an immediate review.

Yours faithfully,

Alex Shipp

FOI-ADVICE-TEAM-DFT, Department for Transport

Dear Sir/Madam

I am writing to acknowledge receipt of your request for information which has been allocated the reference number 10347. A response will be issued to you in due course.

Regards,

Department for Transport
Information Rights & Records Unit
D/01, Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

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TRAFFIC SIGNS, Department for Transport

1 Attachment

Dear Mr Shipp

 

Please find a letter attached

 

John Munns

 

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TRAFFIC SIGNS, Department for Transport

1 Attachment

Dear Mr Shipp

 

Please find a letter attached

 

John Munns

 

show quoted sections

TRAFFIC SIGNS, Department for Transport

1 Attachment

Dear Mr Shipp

 

Please find a letter attached

 

John Munns

 

show quoted sections

John Munns, Department for Transport

2 Attachments

Please find attached a rely to your Freedom of Information enquiry

 

If replying please try to preserve the chain by replying to this email.

 

John Munns

 

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Alex Shipp left an annotation ()

I have now had an answer which confirms:

1) There is no evidence that the statement made by the Lead Adjudicator in his annual statement is true. All available evidence points to his statement being false

2 & 3) The DfT have no continuing input into the POPLA website to display reasons a motorist can use to appeal. Although POPLA is supposed to be independent, the website is actually controlled by the British Parking Association Limited, a limited company and trade body which lobbies on behalf of parking organisations, and it takes a board meeting to approve changes. The DfT can request a change but the BPA Ltd can ignore them. The DfT have considered in the past removing the BPA Ltd's accreditation because they did not change the web site in a timely manner.