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  • FIRST POST
    • dr_genestealer
    • By dr_genestealer 7th Dec 17, 5:38 PM
    • 5Posts
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    dr_genestealer
    APCOA Evesham Train Station
    • #1
    • 7th Dec 17, 5:38 PM
    APCOA Evesham Train Station 7th Dec 17 at 5:38 PM
    Like many here, my vehicle was found in the GWR Evesham Train Station with a APCOA Parking Charge Notice attached to the windscreen, car had been paid via automated phone call service with no name stored on the system (I have checked online).

    Inside ACPOA claim "FGW04 - Not a Parking Area" and are asking for 100GBP.
    I have checked the webpage and there is a photo of the car and a photo blue sign.
    If you look at Evesham railway station on Google street view, you can view inside the car park.

    No communications have yet started


    I have drafted the following for the clearly automated system of rejecting all 1st informal appeals, text in blue should be unchanged from the standard template for BPA member.

    Also, it is true that POPLA have stayed all appeals for train stations with statutory controlled land, which include this train station?


    Dear APCOA Parking (UK) Ltd

    Re PCN number: xxxxx, Vehicle Registration No. xxxxxx

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


    I have since visited to train station car park to inspect the area and am concerned for the following reasons:
    1. In your webpage there is a photo of the parked car, it is shown parked in the designated parking area, at the end of a row of similarly parked vehicles, without causing an obstruction. Parking had been paid via the phone service. I cannot see why then a PCN was issued.

    2. Upon inspecting the parking areas for clarification as to what was deemed the "parking area" there is no indication.

    3. Non-compliant signage: There are no clearly visible signs to the driver when entering the car park. On closer inspection a small sign was found located on the car park exit fence, located approved 50cm above ground, at right angles to arriving and departing cards and typically obscured from entering cars view by cars leaving the car park. As such I believe 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.
    In addition, the small blue signs located in the car park simply ask if the driver has paid and if not then use the machines or pay by phone. At no point is mention of parking areas or fines stated in any clear manner.

    The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

    There was no contract nor agreement on the 'parking charge' at all. It is submitted that the driver did not have a fair opportunity to read about any terms involving this huge charge, which is out of all proportion and not saved by the dissimilar 'ParkingEye Ltd v Beavis' case.

    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,
    Last edited by dr_genestealer; 09-12-2017 at 1:15 AM. Reason: added GWR
Page 1
    • Redx
    • By Redx 7th Dec 17, 5:42 PM
    • 16,931 Posts
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    Redx
    • #2
    • 7th Dec 17, 5:42 PM
    • #2
    • 7th Dec 17, 5:42 PM
    bylaws apply on railway land, not parking charges

    yes use the blue text template "as is"

    no its not true about popla , in fact the BPA ruled recently that they werent prepared to let popla deal with the INDIGO railway penalty appeals, so not sure about APCOA but you may find the same applies, in which case there is no appeal path after an APCOA appeal

    if APCOA issue a popla code , use it
    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
    • dr_genestealer
    • By dr_genestealer 7th Dec 17, 6:02 PM
    • 5 Posts
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    dr_genestealer
    • #3
    • 7th Dec 17, 6:02 PM
    • #3
    • 7th Dec 17, 6:02 PM
    Hi Redx,
    Thanks for the reply, can I check when you say use the blue text template as it is. Are you recommending that I strip out the bits I added about the train station, I assume this is as it can do more bad than good. What's amazing about the photograph on the website is that you can clearly see the vehicle is parked adjacent to another vehicle and there is no indication that there has been any error made on behalf of driver.
    • Redx
    • By Redx 7th Dec 17, 6:46 PM
    • 16,931 Posts
    • 21,054 Thanks
    Redx
    • #4
    • 7th Dec 17, 6:46 PM
    • #4
    • 7th Dec 17, 6:46 PM
    as long as the driver is not dobbed in you can add whatever you feel is appropriate

    the "safe" option is the one I indicated , using the blue text appeal "as is"

    the decision to alter that template or not lies with you , I do not recommend anyone altering it at all , not without careful wording and good reason
    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
    • dr_genestealer
    • By dr_genestealer 8th Dec 17, 11:58 AM
    • 5 Posts
    • 0 Thanks
    dr_genestealer
    • #5
    • 8th Dec 17, 11:58 AM
    • #5
    • 8th Dec 17, 11:58 AM
    Ok I will use the standard blue template.

    Just for reference,GWRparkingappeals auto-response was as follows, I assume I can ignore it.

    PLEASE ENSURE THAT YOU READ ALL THE INFORMATION CONTAINED IN THIS EMAIL AS IT GUIDES YOU THROUGH THE NEXT STEP IN THE PROCESS.

    In order for us to deal with your correspondence it is important that you provide the following information:

    Full Name, Postal Address (including post code), Parking Charge Notice Number and Vehicle Registration Number

    If you did not include this on your previous email, please resend your e-mail including any missing information.

    When we have received all the required information your case will be placed on hold. The case will not progress or increase in cost whilst it is on hold.

    PLEASE DO NOT MAKE PAYMENT WHILST YOUR CASE IS UNDER REVIEW.

    Your appeal will be considered and a response sent you via email/letter within 35 days. Should your appeal be unsuccessful, your letter will explain the next steps for you to follow.

    Please note that we do not give priority to appeals received by e-mail as all correspondence is dealt with in the order it is received to ensure fairness to all. Duplicate submission of emails or appeals may result in delay in responding to your appeal.

    If your e-mail did not relate to an appeal or query concerning a Parking Charge Notice, then it will be passed to the relevant department who will respond to you in due course.
    • nosferatu1001
    • By nosferatu1001 8th Dec 17, 12:38 PM
    • 1,185 Posts
    • 1,221 Thanks
    nosferatu1001
    • #6
    • 8th Dec 17, 12:38 PM
    • #6
    • 8th Dec 17, 12:38 PM
    You must provide the info they state.
    • dr_genestealer
    • By dr_genestealer 9th Dec 17, 1:13 AM
    • 5 Posts
    • 0 Thanks
    dr_genestealer
    • #7
    • 9th Dec 17, 1:13 AM
    • #7
    • 9th Dec 17, 1:13 AM
    Thanks @nosferatu1001 but why would I be under any obligation to provide them with extra information. They have not explained why they want or need that data and don't want just anybody having my Full Name and Postal Address. They could do anything with that information.
    • Umkomaas
    • By Umkomaas 9th Dec 17, 6:19 AM
    • 15,937 Posts
    • 24,722 Thanks
    Umkomaas
    • #8
    • 9th Dec 17, 6:19 AM
    • #8
    • 9th Dec 17, 6:19 AM
    Thanks @nosferatu1001 but why would I be under any obligation to provide them with extra information. They have not explained why they want or need that data and don't want just anybody having my Full Name and Postal Address. They could do anything with that information.
    Originally posted by dr_genestealer
    You’re not obliged to provide it, but if you don’t, they will argue you have not followed their appeals procedure and might just ignore your appeal and - crucially - effectively block your route to POPLA. Your choice, but getting to POPLA must be the goal in any private parking case, where the greatest possibility (short of a landowner cancellation) of killing a charge dead exists.

    If they ignore your appeal, from day 28, if you’re the vehicle’s registered keeper, they will get your details anyway from the DVLA.
    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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