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APCOA Parking Appeal Response + POPLA

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This is for APCOA Manchester Victoria Station.

So this is my 2nd PCN, this time I've done everything as stated in the newbies thread and there's been a weird development.

i sent off the blue template to APCOA on the 26th day and have now received a response. The response is to the correct PCN number however is for a different car with a different contravention date as well as the wrong date they supposedly received my appeal.

The car pictured in the appeal is not mine, not even in the same car park (there's 2).

What do I do from this point onward?
I have been given a POPLA code. This PCN is based around not parking within a designated bay, that seems to be the only thing they got right and will be covered by Byelaws.
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  • Coupon-mad
    Coupon-mad Posts: 132,483 Forumite
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    I would do the POPLA appeal anyway and add that to the enormously long POPLA appeals we do v APCOA. I think there is an example linked in post #3 of the NEWBIES thread.

    Then when APCOA throw in the towel, you can complain about this misuse of data to the BPA and to the Information Commissioner. You should not be sent someone else's car registration & photos and details of their 'event' and it suggests a lack of due diligence by the data controller at APCOA. Get them into trouble and see what the ICO says in the end about your concern about APCOA's awful data checks.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • perseat
    perseat Posts: 26 Forumite
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    Coupon-mad wrote: »
    I would do the POPLA appeal anyway and add that to the enormously long POPLA appeals we do v APCOA. I think there is an example linked in post #3 of the NEWBIES thread.

    Then when APCOA throw in the towel, you can complain about this misuse of data to the BPA and to the Information Commissioner. You should not be sent someone else's car registration & photos and details of their 'event' and it suggests a lack of due diligence by the data controller at APCOA. Get them into trouble and see what the ICO says in the end about your concern about APCOA's awful data checks.

    Thanks,
    Here's my POPLA appeal thus far:
    https://puu.sh/vJ3KE/74a29ca772.pdf

    Anything else I should focus on, I haven't used all the points in the massive APCOA one because it's for airports and I feel the case is different with the fact I received the wrong appeal?
  • perseat
    perseat Posts: 26 Forumite
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    Anyone got any further advice, this has to be submitted by the 10th.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    I haven't used all the points in the massive APCOA one because it's for airports ...

    But surely, non-scheduled land is non-scheduled land, be it an airport or a railway station.
    You never know how far you can go until you go too far.
  • perseat
    perseat Posts: 26 Forumite
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    The_Deep wrote: »
    I haven't used all the points in the massive APCOA one because it's for airports ...

    But surely, non-scheduled land is non-scheduled land, be it an airport or a railway station.
    Yeah that's true.
    I've updated the response: https://puu.sh/vKK3J/00d687319d.pdf

    Do you think it needs a reshuffle?
  • perseat
    perseat Posts: 26 Forumite
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    Just removed the part regarding the number plate recognition as this was a PCN on windscreen.
  • Coupon-mad
    Coupon-mad Posts: 132,483 Forumite
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    perseat wrote: »
    Anyone got any further advice, this has to be submitted by the 10th.

    POPLA cods last just over 30 days (not saying how long in case people push it). But not only 28.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • perseat
    perseat Posts: 26 Forumite
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    Decision: Successful
    Assessor Name: Eileen Ioannou
    Assessor summary of operator case
    The operator issued a Parking Charge Notice (PCN) but failed to provide evidence.

    Assessor summary of your case
    The appellant says that the notice to keeper is not compliant and the operator has not shown who there are pursing. The appellant says there was no breach of byelaws and the signage at the site is not prominent, clear or legible. Further the appellant says that the operator does not have a landowner contract or legal standing to form contracts or charge drivers.

    Assessor supporting rational for decision
    By issuing the appellant with a PCN the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. The operator contacted POPLA to advise that the appellant’s details did not match their records; as such, the operator advised POPLA that it could not accept an appeal due to invalid information. In the appellant’s evidence to POPLA they have provided a copy of the PCN, which shows that it was issued to a Black Seat on 7 March 2017 with vehicle registration XXXX XXX. In its rejection letter the operator referred to the incident date as 9 March 2017 and provided photographic evidence of a black Chrysler with a vehicle registration of YYYY YYY. The photograph is time and date stamped showing a date of 9 March 2017. On this occasion, the operator has not provided any evidence to POPLA. Further, the operator has not corroborated the queried information. It is the duty of the operator to provide evidence to POPLA of the terms and conditions that the appellant did not comply with and evidence that the appellant did not indeed comply with these terms and conditions. As the operator has not provided a response to the appeal, it has not demonstrated that the PCN is valid. Accordingly, I must allow the appeal.
  • Redx
    Redx Posts: 38,084 Forumite
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    well done , please add this to the POPLA DECISIONS thread, adding the name of the PPC and a url to this thread, so others can benefit from your success

    and as RAILWAY BYLAWS apply , they should bever have tried it in the first place
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    perseat wrote: »
    Decision: Successful
    Assessor Name: Eileen Ioannou
    Assessor summary of operator case
    The operator issued a Parking Charge Notice (PCN) but failed to provide evidence.

    Assessor summary of your case
    The appellant says that the notice to keeper is not compliant and the operator has not shown who there are pursing. The appellant says there was no breach of byelaws and the signage at the site is not prominent, clear or legible. Further the appellant says that the operator does not have a landowner contract or legal standing to form contracts or charge drivers.

    Assessor supporting rational for decision
    By issuing the appellant with a PCN the operator has implied that the appellant has not complied with the terms and conditions of the car park in question. The operator contacted POPLA to advise that the appellant’s details did not match their records; as such, the operator advised POPLA that it could not accept an appeal due to invalid information. In the appellant’s evidence to POPLA they have provided a copy of the PCN, which shows that it was issued to a Black Seat on 7 March 2017 with vehicle registration XXXX XXX. In its rejection letter the operator referred to the incident date as 9 March 2017 and provided photographic evidence of a black Chrysler with a vehicle registration of YYYY YYY. The photograph is time and date stamped showing a date of 9 March 2017. On this occasion, the operator has not provided any evidence to POPLA. Further, the operator has not corroborated the queried information. It is the duty of the operator to provide evidence to POPLA of the terms and conditions that the appellant did not comply with and evidence that the appellant did not indeed comply with these terms and conditions. As the operator has not provided a response to the appeal, it has not demonstrated that the PCN is valid. Accordingly, I must allow the appeal.

    BRILLIANT .... another one bites the dust :T
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