Apcoa train station PCN for season ticket holder - sanity check

trionic

Why was the NTK non-compliant?

The thread below (edited so that I can post the link) suggests that the usual grounds for a POPLA appeal no longer work and the experts are unsure as to the correct new approach.
hxxp://forums.moneysavingexpert.com/showthread.php?t=5245587

Redx

when you tick the popla boxes either on your form (or online) you tick 3 from 4 (not the stolen box)

your appeal to popla will be based on

non-compliant ntk
not relevant land under POFA 2012
no authority from landowner (no contract)
poor signage (not compliant with the BPA CoP)
not a genuine pre estimate of loss (no loss to the landowner)

possibly other ones too

ideally, find a recent popla appeal for railways or tram stations and read and adapt that appeal for yourself

try metrolink tram railway popla in the forum search box for 2015 examples

trionic

Thanks. I've done lots of reading so far. I'll do more, draft a POPLA appeal letter and post it for approval

nigelbb

Is the season ticket for a specific vehicle?

trionic

Yes .

Umkomaas

You ignore this narrowing of options. When you come to ticking the applicable boxes on your POPLA submission, you tick 3 of the 4 (obviously not the 'stolen' one).

This has been standard forum advice from the outset; no one has been disadvantaged by it.

You need to draft out your POPLA appeal - you can find loads of examples here, to give you a starting point. You can copy from them as appropriate, but please make sure you understand what you are copying and pasting, and that it is relevant to your parking incident.

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

You can flash your draft up here for a regular to quickly scan you've got the main points covered, but will not proof-read it for you, so please be careful what you copy and paste.

You will notice that almost every appeal contains a GPEOL paragraph. Things might change in this context in the light of the Beavis case, but we have yet to see how POPLA handle GPEOL post-Beavis.

But they are upholding appeals much more often now on signage, contract with landowner, locus standi (you'll understand these points once you start reading the POPLA appeal examples).

nigelbb

trionic wrote: »

Yes .

Excellent! In which case there is no loss & APCOA's claim that "Should it be face down or not displayed the attendant has no way of checking the details of the permit and as such has no choice other than issue a notice" is a lie as it would be perfectly possible for the attendant to have a 'white list' & check the registration number of the vehicle to confirm that a season ticket had been purchased. Displaying the permit is a convenience for APCOA in enforcing their parking regime it's not the be all & end all.

trionic

nigelbb wrote: »

perfectly possible for the attendant to have a 'white list' & check the registration number of the vehicle to confirm that a season ticket had been purchased

I had the same thought. For example, when a parking ticket is purchased over the phone, there is no physical windscreen permit and the attendant will be able to verify the vehicle's authority to be parked. That should be the case also for season tickets.

Captain_Leaky

Loads of cases here - ACPOA & Railway By Laws etc http://www.pepipoo.com/search-results.htm?cx=002954149332536547518%3Aurx9dzjvubm&cof=FORID%3A9&ie=UTF-8&q=RAILWAY+BY+LAWS&sa=Search&siteurl=www.pepipoo.com%2Fsearch-results.htm%3Fcx%3D002954149332536547518%253Aurx9dzjvubm%26cof%3DFORID%253A9%26ie%3DUTF-8%26q%3DACPOA%2BRAILWAY%2BBY%2BLAWS%26sa%3DSearch&ref=forums.pepipoo.com%2Findex.php%3Fshowtopic%3D98345%26st%3D100&ss=0j0j1