RPA appeal

Hesston4860s

Member
Location
Nr Lincoln
We’ve gone backwards !. Apparently it’s not appropriate for the appeal panel to look at my case due to it being a service issue !, my appeal fee is being returned and my appeal is now concluded.
I can however submit an appeal regarding the RPA’s decision if I want !!!!, so it looks like we start all over again.
Took two and a half years to get to this point wonder how long it’ll take with my new appeal ?.
 

glasshouse

Member
Location
lothians
We’ve gone backwards !. Apparently it’s not appropriate for the appeal panel to look at my case due to it being a service issue !, my appeal fee is being returned and my appeal is now concluded.
I can however submit an appeal regarding the RPA’s decision if I want !!!!, so it looks like we start all over again.
Took two and a half years to get to this point wonder how long it’ll take with my new appeal ?.
Merchant bankers!!!
 
The thing is the independent appeal panel will only look at cases where the customer believes the RPA haven't applied the rules correctly. In your case, if I remember rightly, your land is woodland, woodland isn't eligible for BPS, therfore in not paying your claim the RPA have applied the rules correctly. If your argument is that the RPA gave you incorrect advice and you bought entitlements based on that advice, this is something you would need to take up with the ombudsman or if you paid an agent to advise you and fill in your claim form, they have not provided the service you paid for.
 

Hesston4860s

Member
Location
Nr Lincoln
The thing is the independent appeal panel will only look at cases where the customer believes the RPA haven't applied the rules correctly. In your case, if I remember rightly, your land is woodland, woodland isn't eligible for BPS, therfore in not paying your claim the RPA have applied the rules correctly. If your argument is that the RPA gave you incorrect advice and you bought entitlements based on that advice, this is something you would need to take up with the ombudsman or if you paid an agent to advise you and fill in your claim form, they have not provided the service you paid for.
You correctly state woodland isn’t eligible for bps, however mine isn’t technically “woodland” it’s in a grant scheme FWPS. FWPS according to the 2015 handbook is BPS eligible if it was claimed with SPS entitlements in 2008, the 2008 SPS handbook clearly states FWPS is not eligible for sps !.
Now I rang the helpline for “help” as to if I was eligible or not, explained everything to them and was told yes because all your trees are poplar claim “short rotation coppice”. On informing my agent of this she was not certain this was correct, so she also rang RPA and was told the same thing.
Based on this info from the RPA both too myself and my agent I bought entitlements and claimed !. The RPA have no record of me contacting them but they do (or at least did have as they told me) of my agent contacting them before my claim was submitted. I think that exonerates my agent from any blame in this and it falls squarely on the RPA in my opinion.
 
For land in a FWPS scheme to be eligible for BPS it needs to have been agricultural land and used to activate entitlements for SPS in 2008. In other words, it was entered into the FWPS scheme (and taken out of agricultural production) after 2008.

With regard to Short Rotation Coppice, this is land which was planted within the last 20 years with specific varieties of trees for the sole purpose of being coppiced for bio-fuels.

It your land does not meet either of the criteria above it is not eligible for BPS. I am surprised your agent would not have known this.

I’m sorry to say but it sounds like your only option is to go to the ombudsman and challenge the fact that RPA gave you bad advice which left you out of pocket. I really hope you manage to reach a successful conclusion.
 

Hesston4860s

Member
Location
Nr Lincoln
For land in a FWPS scheme to be eligible for BPS it needs to have been agricultural land and used to activate entitlements for SPS in 2008. In other words, it was entered into the FWPS scheme (and taken out of agricultural production) after 2008.

With regard to Short Rotation Coppice, this is land which was planted within the last 20 years with specific varieties of trees for the sole purpose of being coppiced for bio-fuels.

It your land does not meet either of the criteria above it is not eligible for BPS. I am surprised your agent would not have known this.

I’m sorry to say but it sounds like your only option is to go to the ombudsman and challenge the fact that RPA gave you bad advice which left you out of pocket. I really hope you manage to reach a successful conclusion.
I’m already involved with the PHSO but they wanted me to go to appeal with the RPA first, which is what I was on with doing thus the dates I got. Ive been in touch with the PHSO today, and am now awaiting the next roll of the dice as it where !.
 
I’m already involved with the PHSO but they wanted me to go to appeal with the RPA first, which is what I was on with doing thus the dates I got. Ive been in touch with the PHSO today, and am now awaiting the next roll of the dice as it where !.
I wish you luck and hopefully you will have a conclusion soon.
 

Hesston4860s

Member
Location
Nr Lincoln
And the merry go round continues !.
I now have to re submit an appeal regarding the changing of the code, I don’t even lose my place in the appeal cue apparently !. So we carry on, if this fails back to the PHSO we go.
 

Hesston4860s

Member
Location
Nr Lincoln
Update
Still not resolved, they are saying I can’t be payed due to a clause in the declarations and undertakings for the scheme. Unfortunately the declarations and undertakings they are looking at is an updated version for a later revision of the same scheme under different legislation and clearly states

“Applicable only to undertakings originally made under the Regulations quoted i.e. approved since 31 December 1999, not those entered into under the previous Regulation (originally approved before that date).”

Since my schemes I succeeded to are all pre 31 December 1999 these undertakings I don’t believe apply !, as my succession forms clearly state that I succeeded to the schemes as if I where the original entrant and the clause they are on about isn’t in the declarations and undertakings for the original scheme.

There is also the fact that the declarations and undertakings they are looking at was made under some legislation that has also now been repealed, plus the fact my schemes are governed by totally different legislation in the first place which is still current !.

I foresee a morning spent on the phone again tomorrow !.
 

Hesston4860s

Member
Location
Nr Lincoln
More confused than ever now !.
As far as I’m aware my appeal is still ongoing, but after logging into the BPS site earlier today it seems I have regained my entitlements for all scheme years upto and including 2019.
Admittedly we start in 2015 with the correct amount and lose a couple here and there, but it’s still nearly the correct amount in 17,18 and 19.
Why have they suddenly reappeared I have no clue, they could just as easily disappear again tomorrow. Also my maps have all been changed, there still not right but a lot closer than they where.
 
More confused than ever now !.
As far as I’m aware my appeal is still ongoing, but after logging into the BPS site earlier today it seems I have regained my entitlements for all scheme years upto and including 2019.
Admittedly we start in 2015 with the correct amount and lose a couple here and there, but it’s still nearly the correct amount in 17,18 and 19.
Why have they suddenly reappeared I have no clue, they could just as easily disappear again tomorrow. Also my maps have all been changed, there still not right but a lot closer than they where.
Take a screen shot, the more of their mistakes you can show at the appeal the better the out come for you, I feel.
 

Hesston4860s

Member
Location
Nr Lincoln
Further update !.
Had an email today upholding there decision to exempt me from the scheme which They said I could claim on and I spent 2 grand on entitlements to do it !.
Theres a hell of a lot more I could post about this, and If it doesn’t go my way I probably will (with all the evidence) but for now an email will be fired off to the PHSO Tomorrow.
They want to know when in Feb/March I am available for a hearing ( I’m available whenever they want).

The Government want to plant loads of trees !, whatever you do don’t Fu@kin bother !.
 
I feel your pain and frustration. You and I both are fighting a system that has no care or consideration for individuals. They pay lip service to published standards but seem unaccountable and very, very rarely if ever brought to book......
Their system relies on you giving up,which is what most people do from sheer fatigue. When you don’t. Which case they stall some more.
“Bad law just needs good men to do nothing.”
 

Hesston4860s

Member
Location
Nr Lincoln
I feel your pain and frustration. You and I both are fighting a system that has no care or consideration for individuals. They pay lip service to published standards but seem unaccountable and very, very rarely if ever brought to book......
Their system relies on you giving up,which is what most people do from sheer fatigue. When you don’t. Which case they stall some more.
“Bad law just needs good men to do nothing.”
I stated to them back in 2017 “don’t be under any illusion that I’m going go away or give up”, since then countless hours have been spent on the phone and loads of emails have been sent.
I fully intend on seeing this to it’s fullest conclusion and attending the IAAP hearing, the only thing that will stop me attending the hearing is if they hold it on the moon !.
 

Forever Fendt

Member
Location
Derbyshire
I stated to them back in 2017 “don’t be under any illusion that I’m going go away or give up”, since then countless hours have been spent on the phone and loads of emails have been sent.
I fully intend on seeing this to it’s fullest conclusion and attending the IAAP hearing, the only thing that will stop me attending the hearing is if they hold it on the moon !.
well done if you think you are correct stick with it
 

Hesston4860s

Member
Location
Nr Lincoln
well done if you think you are correct stick with it
Even tho I do believe that I am correct, I’m not sure that its possible for me to win !.
I have signed and dated paperwork from various sources to help prove my case, but even the people where it came from say my paperwork is wrong even tho they’ve signed it off !.
 

Forever Fendt

Member
Location
Derbyshire
Even tho I do believe that I am correct, I’m not sure that its possible for me to win !.
I have signed and dated paperwork from various sources to help prove my case, but even the people where it came from say my paperwork is wrong even tho they’ve signed it off !.
A lot of these government agencies are strokers they cover own mistakes up ,Yesterday DVLA had a purge on clamping untaxed cars in town and there was a fair few including daughters Car in error that was taxed on 2nd October and proof of money gone out of bank etc spent I hour on phone admitted it was there mistake but would still have to pay and claim it back by appeal how stupid can you get I fear you will be lucky to get a result but keep at them if its not costing a lot
 

teslacoils

Member
Location
Lincolnshire
Even tho I do believe that I am correct, I’m not sure that its possible for me to win !.
I have signed and dated paperwork from various sources to help prove my case, but even the people where it came from say my paperwork is wrong even tho they’ve signed it off !.
I've followed this a fair while, and fair play for you sticking with it. Like a lot of government "support", they make it complicated and drag it out on purpose, with their 200 page documents. I for one hope that , whatever comes, you show them up for the prize twits they are and that they get a good spit roasting. And if you need anything in the meantime just let us know . These big departments just expect the little ones to roll over, and it's time we took the power back.
 

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Innovation and tech in action at Cereals LIVE

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Innovation and tech in action at Cereals LIVE


There is nothing quite like seeing tech in action to understand how it works and how it can be beneficial on farm, which is why Cereals LIVE will be putting demos right at growers’ fingertips.

From state-of-the-art robotics, to autonomous tractors and electronic weeding, Cereals LIVE will have it all available in video demonstrations in the brand new Innovation and Tech Demo ring, says event director, Alli McEntyre. “It’s a brave new world for farming, with innovation driving sustainability and efficiency. Being able to see the most cutting-edge technology in action will give farmers an insight into where their businesses could be headed very soon.”

So what will growers be...
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