Author Topic: Why is POPLA exempt from Freedom of Information requests?  (Read 1233 times)

0 Members and 1 Guest are viewing this topic.

EDW2000

  • Guest
Why is POPLA exempt from Freedom of Information requests?
« on: 20 December, 2013, 10:24:27 AM »
Perhaps Parking Prankster would know the answer to this.

POPLA claims to be exempt from FOI, London Councils will provide information on POPLA if it's held but POPLA itself claims to be exempt.

https://www.popla.org.uk/privacy.htm

The public has no rights of access to information from POPLA or the BPA under the Freedom of Information Act 2000 (FOI) or the Environmental Information Regulations 2004 (EIR).  London Councils delivers and operates the POPLA service on behalf of the BPA.  Information regarding delivery and operation of the service is held by London Councils on behalf of the BPA and is also not available under the FOIA or EIR.

So if POPLA is not a part of LC or the BPA then what is its legal identity, it is not a corporate body, so if you wanted to issue proceedings who would you sue? The assessor, the lead assessor?

Offline BGB

  • Follower
  • **
  • Posts: 661
Re: Why is POPLA exempt from Freedom of Information requests?
« Reply #1 on: 20 December, 2013, 11:00:45 AM »
In correspondence with the Minister of State for Transport, the BPA Ltd referred to POPLA as an "Independent Appeals Service".

It has described itself as a "Non-statutory Tribunal"

Now it seems, it is not a tribunal after all, but offers "alternative dispute resolution by way of arbitration".  However, it is only available to the motorist for the first 28 days after a rejected appeal to the Private Parking Company and not at any point during a dispute like other arbitration services.  Moreover, unlike other arbitration cases it can only find wholly for the Private Parking Company or the motorist and cannot offer any compromise between the parties. 

Presumably, the reason any decision is not binding on the motorist as it lacks statutory authority.  This is because it is a private arrangement between London Councils and the BPA Ltd and it is doubtful under what authority London Councils are operating it.  Since it is a private arrangements, that is why POPLA claims it is exempt from FoI. 

But the BPA Ltd would still like to claim that its private operation, paid for by the "industry", and overseen at London Councils by a BPA Ltd Council member has some authority although it is accountable to nobody.

I hope that is clear!
« Last Edit: 20 December, 2013, 02:01:05 PM by BGB »

Offline The Bald Eagle

  • Administrator
  • Follower
  • *****
  • Posts: 4390
  • THE lowest common denominator
Re: Why is POPLA exempt from Freedom of Information requests?
« Reply #2 on: 20 December, 2013, 01:52:49 PM »
What is clear is that unlike Patas and the TPT, Popla has no power to order ordinary citizens to do anything.

Ever!

They can kick off as much as they like about being disrespected by people who claim to have been bitten by radioactive spiders, or were late returning to their vehicle because they got caught up in a staring contest with Chuck Norris, but there is nothing they can do about it, and that is what sticks in their craw.

In order to get respect you must command it by affording respect to others. How are we to respect the likes of the Lead ASSESSOR (not Adjudicator as he likes to call himself) when he is complicit in preparing witness statements on behalf of PPCs and is seen to help them with presenting cases to Popla in such a way that they will be able to reject perfectly legitimate appeals.

Personally, I would much rather take my chances in the small claims court because I would at least have the chance to appeal a district judge's decision in the unlikely event it went against me.
WE ARE WATCHING YOU

 


Supporters of the NoToMob

In order to view this object you need Flash Player 9+ support!

Get Adobe Flash player