Station car park - advice please

Lyev

I have spent some time reading various threads, including your walk-through advice. Very helpful - thanks for all the info.

My wife got a windscreen ticket from APCOA when she parked in a railway station car park, bought a ticket but left it upside-down on the dashboard. So, if the time comes, I intend to use the "no loss suffered" argument. In the meantime, I gather from other posts that we should ignore the PCN until we receive the NtK?

Also, we happen to be on the point of trading the car in for a new one, so when the PPC contact the DVLA, the keeper will have changed! Will this help us, or will the PPC simply ask for the registered keeper at the relevant date?

bazster

Lyev wrote: »

will the PPC simply ask for the registered keeper at the relevant date?

Yes.

Important point in a railway car park: it's covered by railway byelaws hence is not "relevant land" for the purposes of POFA 2012 Schedule 4, therefore the registered keeper cannot be held liable (despite what APCOA says). So, be careful never to tell them who was driving.

Lyev

Bazster - thanks for your reply. We will wait for the NtK and then follow the soft appeal template.

Does anyone have any thoughts on our changing the car? Will the fact that we will not be the registered keeper when they apply to the DVLA help us/hinder them?

I appreciate that getting this PCN was technically our fault since the ticket purchased was placed upside down, so the PCN was not as completely unfair as some discussed in the forums, but I really don't see why we should pay again. Before finding this site, I would have been inclined to write to them explaining the situation, and would have expected them to be reasonable and cancel the PCN. However, the info here suggests this would be unlikely to happen, and the only way to get the "right" result is to be unreasonable with them!

bod1467

It wasn't your fault ... all that's happened is that APCOA are trying to enforce one of their made-up rules.

And anyway - unless it was an adhesive backing ticket affixed to the windscreen, then it could very easily have been placed the right way on the dash then blown round the "wrong" way when the door was opened/closed.

bazster

Lyev wrote: »

Does anyone have any thoughts on our changing the car? Will the fact that we will not be the registered keeper when they apply to the DVLA help us/hinder them?

It'll make no difference whatsoever. As I tried to indicate above, DVLA will give them the name of the keeper at the date of the "event".

Upside-down ticket for God's sake. Whatever next? Wearing the wrong colour socks while parking?

themightyimp

I have just received a ticket for the same thing from Excel. Their letter, following my appeal, says that by leaving it upside down, I am contravening their terms and conditions. If I take it to a hearing, the fine will be doubled from the current £25.00. Is it still worth fighting?

Redx

themightyimp wrote: »

I have just received a ticket for the same thing from Excel. Their letter, following my appeal, says that by leaving it upside down, I am contravening their terms and conditions. If I take it to a hearing, the fine will be doubled from the current £25.00. Is it still worth fighting?

read the newbies thread and also please stick to your own thread for answers

asking questions in somebody else`s thread is a hijack and leads to confusion

one thread , one person , please

I have replied to your own post in your own thread

themightyimp

Redx wrote: »

read the newbies thread and also please stick to your own thread for answers

asking questions in somebody else`s thread is a hijack and leads to confusion

one thread , one person , please

I have replied to your own post in your own thread

Sorry. New here

Lyev

We have now received the NtK and I am in the process of using the Soft Appeal template to draft a reply. I have 2 questions:-

1. Should the fact that a ticket was actually purchased be mentioned anywhere? Clearly, this must affect any loss that they may claim.

2. Does the point made by Bazster about a railway car park not being "relevant land" change the wording of my letter?

Thanks!

Coupon-mad

1. Yes the keeper should say that the driver did purchase a ticket so there has been no loss caused.

2. The keeper should say 'Due to Railways byelaws, a railway car park is not classed as "relevant land" under the POFA 2012 so there can be no keeper liability.'

The whole point is to get a POPLA code so don't spend ages at this stage - just make sure the driver isn't divulged.

timbo58

just to clarify: was it 'upside down' as in you could still read it through the windscreen, or 'upside down' as in the text on the ticket was facing the dash and therefore the parking attendant had no chance of reading it?