APCOA Parking Charge Notice

luvfreebies

I am a newbie, so please go easy. I have looked through the past threads but I am confused. I parked my car in the APCOA car park in Cuffley Station but forgot to pay until 12:36:53 in the afternoon. A parking charge was issued at 12:36:15. (Time of issue is the same as Time First seen)

What is the best course of action.


Thank you

HO87

Does the PCN you have received make any mention whatsoever of s. 219 Transport Act 2000 or Railway Byelaw 14 and if so, what does it say?

Does the PCN make any mention of the Protection of Freedoms Act 2012? and if so, what does it say?

Coupon-mad

!!!!!!!!!!! wrote: »

I am a newbie, so please go easy. I have looked through the past threads but I am confused. I parked my car in the APCOA car park in Cuffley Station but forgot to pay until 12:36:53 in the afternoon. A parking charge was issued at 12:36:15. (Time of issue is the same as Time First seen)

Do answer HO87's questions as they are important to this case. As for action to take, you need to appeal and so you could:

- Wait for the Notice to Keeper (or whatever they call the first letter), as stated in the Newbies FAQs sticky thread. This can be a delay and a faff though, and with a railway car park I am not convinced there is any need to wait, since there is no 'keeper liability' anyway.

- so you could appeal NOW as registered keeper ONLY, talking about the driver in the third person and say 'the driver did pay by phone within seconds of your 'observed time' on your PCN so your charge does not relate to any genuine pre-estimate of loss. So please cancel the PCN or send me a POPLA code.'

Did the driver pay by phone? That's what I was thinking?

luvfreebies

Thank you both so much for your responses. HO87 - There is no mention of any of the above in the notice.
And yes I did pay over the phone and can see the time of payment on the APCOA parking website.

Coupon-mad

Great, so the registered keeper isn't liable anyway, as supected. So I don't think there is any point waiting for a random NTK letter that won't change the situation, and could complicate the appeal.

So, I recommend, appeal NOW as registered keeper ONLY, talking about the driver in the third person and say something like ' the driver did pay by phone within seconds of your 'observed time' on your PCN so you failed to allow any grace period and it is clear that your charge does not relate to any genuine pre-estimate of loss. So please cancel the PCN or send me a POPLA code. I remind you that under the BPA Code of Practice, drivers or keepers can appeal to POPLA and I am the keeper. '

Then when you receive their rejection letter you will find 'How to win at POPLA' is a link in the Newbies read this first' sticky thread near the top of the forum.

luvfreebies

I am just about to send the letter below following your template. One last question. Should I send the details showing the payment? Thanks again.


Name
Address

I wish to appeal the issue of the above notice issued by yourselves on xx/xx/xxxx


The driver did pay by phone within seconds of your 'observed time' on your PCN so you failed to allow any grace period and it is clear that your charge does not relate to any genuine pre-estimateof loss.


I am requesting that you cancel the PCN or send me a POPLA code. I remind you that under the BPA Code of Practice, drivers or keepers can appeal to POPLA and I am the keeper.

Redx

!!!!!!!!!!! wrote: »

I am just about to send the letter below following your template. One last question. Should I send the details showing the payment? Thanks again.


Name
Address

I wish to appeal the issue of the above notice issued by yourselves on xx/xx/xxxx as I am the registered keeper


The driver did pay by phone within seconds of your 'observed time' on your PCN so you failed to allow any grace period and it is clear that your charge does not relate to any genuine pre-estimate of loss.


I am requesting that you cancel the PCN or send me a POPLA code. I remind you that under the BPA Code of Practice, drivers or keepers can appeal to POPLA and I am the keeper.

I would make it more like the above where the RK is named twice , and you could add the proof of purchase if it does not imply you were driving

luvfreebies

Thank you. Will send the revised copy, I won't send details of the payment as I am not sure.

luvfreebies

I have just received an update today from APCOA today cancelling the parking charge notice. Thank you so much for the help and advice :-)

Coupon-mad

Great - a good example of an early appeal to a windscreen ticket, but written from the registered keeper, working within a month!

Quentin

Read up the newbies FAQ thread at the top of the forum.


https://forums.moneysavingexpert.com/discussion/4816822


Then start a new thread of your own if you have any questions.