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 !.
 

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World Food Day: NFU Cymru celebrates Welsh food producers at the Senedd

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Written by Rachel Martin

NFU Cymru members and Assembly Members have been celebrating the role that Welsh farmers play in producing nutritious, high quality, safe affordable food during an event at the Senedd today on World Food Day (October 16).

The lunchtime event, which was sponsored by Llyr Gruffydd AM, included a special menu of fine Welsh produce.

Speaking at the event, NFU Cymru...
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