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  • FIRST POST
    • alan6566
    • By alan6566 14th Mar 17, 8:02 PM
    • 1Posts
    • 0Thanks
    alan6566
    Recived a reply from appeal with Apcoa
    • #1
    • 14th Mar 17, 8:02 PM
    Recived a reply from appeal with Apcoa 14th Mar 17 at 8:02 PM
    Hi All,

    Looking for some help with an appeal with Apcoa. I followed the advice from the newbies thread and sent the following:

    Re: PCN No. ***
    Reg. ***

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    Since byelaws apply to railway land, the land is not relevant land within the meaning of PoFA and so is specifically excluded from 'keeper liability' under Schedule 4 of the Protection of Freedoms Act 2012. As I am the registered keeper I am not legally liable as this Act does not apply on this land. Please provide evidence including documentary proof from the Rail authorities that this land is not already covered by bylaws.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
    I have since had a 4 page reply back from them (which I will upload when I can scan it) saying that my appeal has been unsuccessful and that i can follow an appeal with POPLA which i intend to do, but I am looking for some help with this.

    I have done some research in the form of reading part of the PoFA and part of the Railway bye-law. I have also read this thread which is a similar situation to my self (same car park as well).

    forums.moneysavingexpert.com/showthread.php?t=5399313

    Please could you advice on my next step.
Page 1
    • Redx
    • By Redx 14th Mar 17, 8:07 PM
    • 13,557 Posts
    • 16,611 Thanks
    Redx
    • #2
    • 14th Mar 17, 8:07 PM
    • #2
    • 14th Mar 17, 8:07 PM
    http://forums.moneysavingexpert.com/showthread.php?t=5399313

    no need to show us their drivel

    just follow the same advice as in the other thread seeing as its the same car park, same PPC etc

    and follow the POPLA advice in the NEWBIES sticky thread too

    also bear in mind this is not a hosting site so you cannot upload files here

    so your next step is to draft a popla appeal and upload it to popla within the 28 days appeal period
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 15th Mar 17, 1:13 PM
    • 44,100 Posts
    • 56,821 Thanks
    Coupon-mad
    • #3
    • 15th Mar 17, 1:13 PM
    • #3
    • 15th Mar 17, 1:13 PM
    Also search the forum for APCOA POPLA byelaws and you will find loads more, all won.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

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