offence 23/10 charge notice dated 12/11

HO87

With respect whilst your draft is nicely addresses points it provides hostages to fortune, contains irrelevances and unnecessarily sets out what the law says - when it is entirely reasonable to expect APCOA to know it (even if they clearly don't).

Your objective here is not to provide a rehearsal of the detailed issues you will include in your appeal to POPLA (when referring to relevant sections of the law is perfectly acceptable) but simply to obtain a POPLA code and nothing more. I am quite relaxed about including the point raised by Guys Dad - about their potential NtK being out-of-time but I would limit it to this. so:

Dear Sirs

Re PCN NO. XZXZXZXZXZ

I refer to the above notice received by me on 13 November 2013.

For the avoidance of doubt I am the owner of the vehicle concerned.

The claim is denied and the issue of the pcn is therefore appealed on the following grounds:

1. At the time it is alleged the vehicle was stationary it had in fact broken down and as such was not parked. As a consequence no contract was formed and there can be no basis for the issue of your PCN.

2. Your claim for £X is unreasonable, cannot be justified and represents a penalty.

3. Your letter (date) which purports to be a Notice Keeper (as required by Sch 4 Protection of Freedoms Act 2012) is non-compliant and was delivered out-of-time.

If you reject this appeal please supply a POPLA code by return so that I might immediately refer matters for their consideration.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act (if applicable), or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Yours faithfully,

white27

I have sent this:

Apcoa Parking
PO Box 1010
Middlesex
UB8 9NT

Dear Sirs

Re: Charge Notice number: XXXXXX
Vehicle registration number: XXXXXX

I refer to the above notice received by me on 14 November 2013.

For the avoidance of doubt I am the owner of the vehicle concerned.

The claim is denied and the issue of the PCN is therefore appealed on the following grounds:

1. At the time it is alleged the vehicle was stationary it had in fact broken down and as such was not parked. As a consequence no contract was formed and there can be no basis for the issue of your PCN.

2. Your claim for £80 is unreasonable, cannot be justified and represents a penalty.

3. Your letter dated 12/11/2013 which purports to be a Notice Keeper (as required by Sch 4 Protection of Freedoms Act 2012) is non-compliant and was delivered out-of-time.

If you reject this appeal please supply a POPLA code by return so that I might immediately refer matters for their consideration.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act (if applicable), or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Yours faithfully,

OWNER

white27

white27 wrote: »

I have sent this:

Apcoa Parking
PO Box 1010
Middlesex
UB8 9NT

Dear Sirs

Re: Charge Notice number: XXXXXX
Vehicle registration number: XXXXXX

I refer to the above notice received by me on 14 November 2013.

For the avoidance of doubt I am the owner of the vehicle concerned.

The claim is denied and the issue of the PCN is therefore appealed on the following grounds:

1. At the time it is alleged the vehicle was stationary it had in fact broken down and as such was not parked. As a consequence no contract was formed and there can be no basis for the issue of your PCN.

2. Your claim for £80 is unreasonable, cannot be justified and represents a penalty.

3. Your letter dated 12/11/2013 which purports to be a Notice Keeper (as required by Sch 4 Protection of Freedoms Act 2012) is non-compliant and was delivered out-of-time.

If you reject this appeal please supply a POPLA code by return so that I might immediately refer matters for their consideration.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act (if applicable), or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Yours faithfully,

OWNER

REPLY FROM apcoa:

Thank you for your letter. We have considered the circumstances outlined in your letter. Whilst we are happy to consider mitigating circumstances in the event of exceptional occurrences, we are unable to cancel your notice on this ocasion.

All restricted areas are signposted and clearly state that no stoping is allowed at any time or entry unless authorised by the London Luton Airport or any other authorised bodies. Bus lanes and restricted areas are all monitored by cctv and number plate recognition is in operation. Anyone in ccontravention of this restriction will be liable for a parking charge notice of up to £80. There is a £2 Drop off zone in place at Luton Airport. This was introduced to ease traffic congestion at the terminal. We do also offer free parking at the mid term car park for up to 30 minutes.

In response to your comment made in your letter, please note notices to be issued within 14 days, if notice/mention under protection of freedom act and according to British Parking Association (BPA) guidielines, the maximum permited time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which take no more than 35day. Oncewe receive the registered keeper information we issued a notice to the customer and no more than six months after the unauthorized parking event.

Please note as the registered keeper of this vehicle, you are liable for this ticket, unless details of the driver are provided

Alternatively if you are unable to provide us with the above a reduced amount of £40.00 will be accepted as full payment of this Parking Notice if payment is received within 14 days of the date of this letter.##Again, we must inform you that failure to provide above request or make payment within 14 days of the date of this letter may result in the outstanding amount being increased, or passed to a third party for the recovery of the full, non-discounted debt. Please note that you will be liable for any additional costs incurred in the collection of this debt via this method.

In regards to the popla code, once the driver of the vehicle has appealed if the appeal has been unsuccesfull a popla code will be generated and provided

HO87

Oh dear APCOA are at it again - i.e. they are making up the contents of POFA as they go along.

Several cases have involved attempts to establish whether the roads around LLA are covered by byelaws - which rules out the use of POFA as they are no longer "relevant land". I'm unclear whether those case have been resolved on way or the other so it may be that POFA does not apply in any event.

In order to be able to pursue the registered keeper then a creditor must comply with the requirements of POFA:

1. Where no Notice to Driver is issued at the time of the "parking event" then POFA is quite clear at Para 9(5) that a Notice to Keeper must be delivered within 14 days. APCOA delivered theirs on Day 21.

This:

In response to your comment made in your letter, please note notices to be issued within 14 days, if notice/mention under protection of freedom act and according to British Parking Association (BPA) guidielines, the maximum permited time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which take no more than 35day. Oncewe receive the registered keeper information we issued a notice to the customer and no more than six months after the unauthorized parking event.

Is sheer gobbledygook!

The Code of Practice may say, with respect, what the hell it likes but it does not and cannot overrule law. And the reference to 6 months? I can only assume that the author thinks that there may be some limitation of proceedings - as in the case of summary matters at Magistrates Court where an information must be laid within 6 calendar months - hardly applicable here. Is this an attempt to exert an authority they are not due?

2. The registered keeper is most certainly not liable as they have failed to comply with the requirements of POFA (see above).

3. You cannot be compelled to divulge details of the driver. POFA only permits that a creditor may request those details and by attempting to restrict the means of appeal in this way APCOA are acting in contravention of the law.

My brain is fried and I suspect others will see things I've missed. This is a travesty and APCOA should be taken to task.

Redx

if the original notice contains all those spelling mistakes its a disgrace that that person is in charge of the parking charge section, or works for them, plus its a disgrace they cannot afford a spell checker for their "word" program

Stroma

It's not an offence!

This garbage that they claim is in place is utter rubbish, I would say something stronger but I'm not allowed, I would prefer to use brown stuff from a bull, here is the link you need.

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

white27

HO87 wrote: »

Oh dear APCOA are at it again - i.e. they are making up the contents of POFA as they go along.

Several cases have involved attempts to establish whether the roads around LLA are covered by byelaws - which rules out the use of POFA as they are no longer "relevant land". I'm unclear whether those case have been resolved on way or the other so it may be that POFA does not apply in any event.

In order to be able to pursue the registered keeper then a creditor must comply with the requirements of POFA:

1. Where no Notice to Driver is issued at the time of the "parking event" then POFA is quite clear at Para 9(5) that a Notice to Keeper must be delivered within 14 days. APCOA delivered theirs on Day 21.

This:Is sheer gobbledygook!

The Code of Practice may say, with respect, what the hell it likes but it does not and cannot overrule law. And the reference to 6 months? I can only assume that the author thinks that there may be some limitation of proceedings - as in the case of summary matters at Magistrates Court where an information must be laid within 6 calendar months - hardly applicable here. Is this an attempt to exert an authority they are not due?

2. The registered keeper is most certainly not liable as they have failed to comply with the requirements of POFA (see above).

3. You cannot be compelled to divulge details of the driver. POFA only permits that a creditor may request those details and by attempting to restrict the means of appeal in this way APCOA are acting in contravention of the law.

My brain is fried and I suspect others will see things I've missed. This is a travesty and APCOA should be taken to task.

So what should be my next step ( they didn't mentioned car breakdown also )
how to fight ?

Stroma

white27 wrote: »

So what should be my next step ( they didn't mentioned car breakdown also )
how to fight ?

Have they given you a popla code with the rejection ?

Stroma

Okay I can see not, others may add further things


Dear parking company


In reference to the letter to the registered keeper of xxxxxx, dated xxxxxx, I note the contents of this letter, and wish to add the following:

Your interpretation of the Protection of Freedoms Act 2012 is utter garbage, can I point out that you may try and circumvent the BPA Code of Practice, but you cannot do that for law, it states:

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

So your notice to keeper is not compliant as it was received beyond 14 days, your other references to days and dates are not within the legislation so irrelevant !

As you are attempting to use the Protection of Freedoms Act 2012, and keeper liability, there is no need for the driver to appeal, your demand that they only appeal is against pofa 2012! I am the registered keeper I have a legal right to do this!

You are put on notice that complaints have been made to the dvla & bpa about your obstructive handling of this matter. I ask you again and for the final time to either accept or reject this appeal. If you reject then a popla code is demanded by return of post

Faithfully

Redx

good letter, not wanting to nitpick but its late so maybe you are tired like me

I think it should say

your demand that only they can appeal is again against pofa 2012!

too many AGAIN `s in it for starters so tried to amend it to what I hope you meant

regards