APCOA PCN On Windscreen - Local Council

paulsmith0071

Hi All,

Firstly thank you to everyone who works very hard on this forum, you have helped me in winning two appeals for my brothers recently (idiots)

Now, it is my turn. I have been stung by the dreaded PCN.

I'm pretty au fait with the appeals process etc.

But I just wanted to run my scenario past the experienced members, in case there is a oversight on my behalf and if anyone could add anything.

SCENARIO -

Due to no parking spaces in the main train station car park, I went and parked on a side road, near the train station, a public road. No signage of any sort etc.

There were, however, double yellow lines. I had to catch the train to get to work on time, so that I don't get a disciplinary for being late (!) so the only place I could park was half on the double yellow line and half on the clear road.

After a sh****r of a day at work, I come back to my car and see a yellow penalty notice stuck on my windscreen.

The PCN has been issued by APCOA and it looks like it is for and behalf of the local council, Sandwell Metropolitan Borough Council.

Wording of the PCN:-

The Traffic Management Act 2004, s.78

Civil Enforcement of Parking Contravention (England) General Regulations 2007.

Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007.

PCN: XXXXXXXXXXXX
Served on : xx/xx/2016
by civil enforcement officer (CEO(he/she wishes they were a ceo)) XXXXX who had reason to believe that the following contravention had occurred and that a penalty charge is now payable:

Parked in a restricted street during prescribed hours.

Code: 01

They want me to pay £70, reduced to £35 if paid in 14 days.

They are saying I can appeal in writing or and submit my challenge online at:
http://sandwell.appeals-online.co.uk

It doesn't mention POPLA anywhere. Only to appeal to APCOA first.
Is this different to a pay and display car park, because I parked on double yellows? Does it matter that it is on behalf of the local council?


Grateful for any feedback that can be provided.

Thank you.

Redx

POPLA does not apply to council penalty notices, only private parking on private land , hence the acronym POPLA, an acronym for Parking On Private Land Appeals

council charges are a completely different system with independent assessors

https://www.citizensadvice.org.uk/consumer/transport/driving-and-parking/parking-tickets/parking-tickets-on-public-land-where-the-council-is-responsible/

seems to me they may have contracted out these tasks to a private contractor, APCOA which can even happen on COUNCIL pay and display car parks (or free car parks)

Coupon-mad

Yes it matters that it's Sandwell Metropolitan Borough Council. FORGET the fact APCOA issued it, this isn't like the other PCNs you know about with POPLA. This is a proper penalty charge, completely different and you MUST meet appeal deadlines or pay it, or this can end up with bailiffs.

No signage of any sort etc. There were, however, double yellow lines

Double yellows apply 24/7 and need no signs.

You can appeal and may as well try, within the first 14 days is good because they are likely to re-offer the discount when they reject and by then, pepipoo forum might be up and working again! You could just appeal very basically, and ask for their photo evidence and the CEO's notes because you think the matter was 'de minimis' {that means a minor encroachment which is so trivial that the law should not concern itself with such issues}.

http://forums.pepipoo.com/index.php?showforum=60

Showing an error at the moment but try it again another day, in particular when you get the rejection letter so you can make an informed decision whether to carry on appealing or not.