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  • FIRST POST
    • zed37
    • By zed37 4th May 17, 9:36 PM
    • 19Posts
    • 11Thanks
    zed37
    parking fines - railway car park
    • #1
    • 4th May 17, 9:36 PM
    parking fines - railway car park 4th May 17 at 9:36 PM
    Dear All,

    Please can someone help i have a car with my work - nhs and got this PCN from APCOA Parking at Manchester Victoria Station for alleged contravention of use of private car park without making a valid payment. it is a notice to hirer, it says they issued a notice to keeper and then got vehicles keeper data from DVLA under regulation 27. i was probably in there for 10 mins only stayed in the car as was picking my son but it was raining and dark. the incident happened on 18.3.17 and the date of issue of notice is 27.4.17 ( only recd it on 2nd May, 2017). I have received 2 letters one says i can pay within 14 days and the other says since i have missed the deadline i have to pay 85. but i only got the letter on 2nd and 4th of May. ??? not sure what is going on.

    can i appeal this and can i use this as an appeal letter.

    I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by APCOA Parking UK as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

    You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why APCOA’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

    Given that APCOA has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

    thanks for any comments in advance.
Page 2
    • Umkomaas
    • By Umkomaas 20th Jun 17, 9:52 AM
    • 13,585 Posts
    • 21,297 Thanks
    Umkomaas
    also i have documentation that there were 3 drivers on this policy (its a company car but 3 drivers are named on it) shall i copy that into my reply as evidence or not.
    Link/attach/embed anything that is helpful to your case.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 20th Jun 17, 10:40 PM
    • 48,068 Posts
    • 61,518 Thanks
    Coupon-mad
    Except that you can't add new evidence at this stage. You can only comment on theirs.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • zed37
    • By zed37 8th Jul 17, 10:03 PM
    • 19 Posts
    • 11 Thanks
    zed37
    Thank you to everyone for their help. My appeal was successful got this back from POPLA.
    Successful
    Assessor NameGraham Davies
    Assessor summary of operator case
    The operator issued a Parking Charge Notice (PCN) because the driver parked without displaying a valid permit.

    Assessor summary of your case
    The appellant’s case is byelaws and no grace period given.

    Assessor supporting rational for decision
    PCNs are issued in respect of a driver’s obligation to pay parking charges due under a contract, by parking the vehicle on relevant land. On this occasion, the operator has stated it is pursuing the driver. However, the operator has not provided sufficient evidence that the appellant was the driver of the vehicle at the time of the parking event. The burden of proof lies with the operator in demonstrating a parking contract was formed and, if so, whether the motorist kept to the parking conditions. The operator must then prove that it is pursuing the correct individual for the charge. I appreciate the appellant has raised other issues in their appeal, however it is not necessary to consider these in this case. From the evidence, the operator has failed to demonstrate that the appellant was the driver of the vehicle on this occasion. Therefore, I cannot accept the PCN was issued correctly.
    • Umkomaas
    • By Umkomaas 8th Jul 17, 10:20 PM
    • 13,585 Posts
    • 21,297 Thanks
    Umkomaas
    The appellant’s case is byelaws and no grace period given.
    If that was the appelant's case, how come POPLA reached this decision?

    the operator has failed to demonstrate that the appellant was the driver of the vehicle on this occasion. Therefore, I cannot accept the PCN was issued correctly.
    Curiouser and curiouser, cried Alice!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • zed37
    • By zed37 10th Jul 17, 8:26 PM
    • 19 Posts
    • 11 Thanks
    zed37
    hi there, apparently POPLA wrote to APCOA and they came back saying that they had proof that i was the driver. They had information from the hire company, however the information they had was incorrect so i replied back to that comment on the popla appeal website and that is the response. I am happy it is resolved though, whatever the case.....thank you loads for all the help
    • Umkomaas
    • By Umkomaas 10th Jul 17, 9:22 PM
    • 13,585 Posts
    • 21,297 Thanks
    Umkomaas
    apparently POPLA wrote to APCOA and they came back saying that they had proof that i was the driver. They had information from the hire company, however the information they had was incorrect
    There's no easy way that APCOA, or the hire company, can prove who the driver was. All they know is who the hirer was.

    Unless they meet the exacting requirements of PoFA (which are greater than those for keeper liability), they have one very steep uphill struggle to pin anything on the hirer.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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