Do I have a case to take to POPLA?

Catriona_P

I've read the newbie guide several times but a bit confused still (and I stupidly didn't come to this forum before appealing to the parking company...)

I parked at a train station car park operated by APCOA on the evening of the Thursday before last. I was due to return on the Saturday morning so paid for 2 days parking via my mobile. The instructions on their automated phone system confirmed the cost of £5.80 and I then had a text message asking for my vehicle registration (which I gave). There was no text confirmation saying how long I was parked there for which I thought was weird but the money went out of my account straight away.

I returned to my car on the Saturday morning to find it being ticketed as I arrived. The parking attendant said that I hadn't paid for parking at all. I appealed to APCOA in writing with my screenshot of the payment from my bank account and a screenshot of the text confirmation thinking that would prove it.

APCOA have now replied via letter to say that my appeal has been unsuccessful. According to their records I had paid for parking but only up to Midnight on the Friday (1 day and 6 hours).

The rates for parking in this car park are as follows:
Daily rate - £3.80
Daily rate after 10am - £2.30
Weekend Daily rate - £2.30

So as I paid £5.80 for my parking, I may be being dense here but what exactly did I pay for? Since I paid via my mobile it doesn't look like there's any way I can prove I asked for 2 days parking? I can appeal to POPLA but the APCOA letter warns that if I do appeal and am unsuccessful I'll have to pay £100 rather than the £50 if I pay it now.

Any advice please?

Umkomaas

I can appeal to POPLA but the APCOA letter warns that if I do appeal and am unsuccessful I'll have to pay £100 rather than the £50 if I pay it now.

If you appeal to POPLA using forum POPLA appeal advice you'll be paying APCOA precisely £nothing!

Here are some links to explore after you've read post #3 of the newbies FAQ sticky 'How to win at POPLA'. APCOA generally slink away once they see a forum POPLA appeal come their way.

Don't panic over this - you have 28 days to get this right. Come back to the forum with your draft and we'll make sure you've just saved yourself £50/£100.

There are now some near-template POPLA appeal paragraphs to use for the main issues you need to address in your appeal. They are virtually copy and paste, but you should make sure you understand them and each fits your case.

What you said in your initial appeal (did you identify the drive?) might mean the keeper/driver liability paras not relevant. See how you go with these as your starting point.

Signage

http://forums.moneysavingexpert.com/showpost.php?p=71285691&postcount=2341

Driver Liability

The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

http://forums.moneysavingexpert.com/showpost.php?p=71287626&postcount=2342

Landowner Authority

No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

http://forums.moneysavingexpert.com/showpost.php?p=71287628&postcount=2343

No Keeper Liability (windscreen ticket, no follow on NtK)

Example for cases where the PPC issued only a windscreen PCN but did not follow it with a NTK:

http://forums.moneysavingexpert.com/showpost.php?p=71287643&postcount=2345

You should also do a forum search on 'APCOA POPLA' and read recent APCOA threads containing POPLA appeals - plagiarise as appropriate.

HTH

fisherjim

The apparent 50% reduction is really just a con to make you pay up and shut up, with the least fuss or cost to the shysters, neither figures are fair or reasonable!

Coupon-mad

We've never lost a POPLA appeal against APCOA so why would you even be considering that bribe of the so-called 'discount'.

Did you give away the driver in the first appeal? If so, why? I hope you were vague and said 'we'.

Can you show us a picture of exactly what the signs says, even if you have go & get a photo next week? Don;t type it out a photo of the signs, and the entrance sign, and the instructions at the P&D machine as well please.

Fruitcake

Is the car park covered by Byelaws? Did APCOA mention Byelaws on the PCN? This makes a big difference so we really need to see photos of ALL the signs.

Unfortunately by not coming here first you appealed to soon. You can' do anything about that now but make sure all your friends and family know what to do if they ever get a private parking ticket.

Invalidation

Fruitcake wrote: »

Is the car park covered by Byelaws? Did APCOA mention Byelaws on the PCN? This makes a big difference so we really need to see photos of the signs.

Beat me to it

Coupon-mad

Byelaws land doesn't help if the driver was given away...there are other POPLA appeal points but my heart always sinks when I read posts saying 'I appealed and I told them the story of everything'.

Maybe I am wrong and the OP didn't write 'I parked and I paid'.

Catriona_P

Hate to say it that I did tell 'the story of everything'...I've learnt my lesson now (never had a parking fine before and didn't think to come here first!).

The car park I used is some distance from home - a good 45 min drive each way so it's a trek to get a photo but I'll try to get over there this week.

Is it 28 days to appeal? APCOA's letter says 14 days.

Umkomaas

I'm sure their 14 days is linked to their 'discount' offer (which is nothing more than a bribe for you not to appeal and win this at POPLA). The BPA Code of Practice says 28 days. Please re-check exactly what the NtK says.