Apcoa accused of perjury !

FlorrieFreeman

I would be grateful for any views and advice on the following which I'm considering including in a POPLA appeal. First the facts – APCOA airport, drop off and go. Date of incident (say) 01/01/2014. Charge ..'failing to park in a designated area'. 'Offence' caught on ANPR van. 3 photos taken. Between photo 1 (arrival) and photo 3 (departure) a total span of 11 seconds.

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In addition, I would like POPLA to consider the following:- a NTK was received from APCOA twenty three days after the incident claiming that, (the parking charges) :- ...'these have not yet been paid in full'. Later correspondence commences with the following :-
'Thank you for your letter of appeal against the Parking Charge Notice issued by us on 01/01/2014'.

In the first APCOA notice, by stating that charges have not yet been paid in full, are insinuating that a NTD had been given and ignored. In the second, they unequivocally state that a Parking Notice had been issued on the day of the incident.

A brief scan of APCOAs own photographic evidence, which shows a total 'parking' offence of eleven seconds between arrival and departure proves this to be false and a physical impossibility!

APCOA, by intentionally falsifying a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding, are by definition, guilty of Perjury.

It is my intention to also to forward the above information to the BPA and DVLA to determine if any sanction against APCOA should be warranted.

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So, your views please. Is it worth an inclusion to POPLA or just save it for the BPA/ DVLA ?

Guys_Dad

Interesting interpretation of perjury.

Fancy trying for "libel" for a bonus of 10?

Coupon-mad

The trouble is with this bit:

'a NTK was received from APCOA twenty three days after the incident claiming that, (the parking charges) :- ...'these have not yet been paid in full'

...they are only quoting the words from POFA 2012 that they *think* they have to quote (truth be told the POFA doesn't apply at an Airport). I would just describe the NTK as a mess of misleading rubbish, rather than perjury, and just win on no GPEOL or the fact there is no keeper liability on this site as it's not 'relevant land'.

Umkomaas

I'd just beat them at POPLA.

Surely they would need to be in a court of law, and to swear under oath, and then provide untruthful testimony to have a perjury charge levelled against them? Unless of course you are on a mission - but I'm not sure the expertise is on here to professionally advise you on the ins and outs of getting a perjury charge to stick.

HO87

+1

Broadly speaking, perjury = on oath at court/tribunal
Attempting/conspiracy to pervert the course of justice = not under oath but in the knowledge that the information will be used in court

What APCOA are doing could arguably amount to fraud/the tort of deception but they will argue that they are using a document which is intended for use in multiple situations and may not be ideal in any one of them.

In other words, fairly typical of a PPC that have pushed the envelope in just about every other direction and to see them doing so here really isn't a surprise.

bazster

Guys_Dad wrote: »

Interesting interpretation of perjury.

Fancy trying for "libel" for a bonus of 10?

Howzabout "slander" too?