POPLA have now made the following announcement
POPLA has taken the decision to consider the cases previously adjourned due to Byelaws. We initially placed these appeals on hold after receiving complaints that we did not have the remit to consider if a Byelaw had been breached. After considering our position, we feel it is important to offer an appeal service to motorists so that they can have an independent assessment made. As such, we will look at the appeals we have placed on hold since September 2016. As of 5 January 2017, we had approximately 1,300 appeals on hold. If you have an appeal on hold for this issue, we would ask for your patience while we work through these. We would remind you that while an appeal is with POPLA, the parking operator is unable to pursue payment.
In a byelaw case the authorities have 6 months from the parking date to bring a claim in the magistrate court. If the claim succeeds then the monies go to the state and not to the parking company.
Any cases put on hold since September 2016 will therefore almost certainly have timed out. The Prankster wonders whether POPLA or the BPA will be compensating parking companies if they rule the appeal is not valid but the parking company is already too late to ask the authorities to file a claim in the magistrates court.
However, in a byelaws case the Protection Of Freedoms Act schedule 4 states there is no keeper liability. The parking company will therefore have to prove who the driver is to have any chance of success.
The Parking Prankster