APCOA slough station - any point being reasonable with them?

mrklaw

A PCN arrived today addressed to my wife as registered keeper of the car. It was dated 10th Jan for a parking violation on 27th November last year, which seems way too long.

Anyway, someone parked in slough west approach car park, and couldn't find a pay machine. Eventually someone else was asked and they said there was a machine just down the road connected to the car park. So the driver went down that road, found a machine and bought a day ticket. Assumed the two sections of the car park were connected.

However they weren't. Despite them being connected by a single track road (not highway), and both being APCOA, one was slough west, and one was slough west *approach*.

So the driver spent several minutes looking for a machine (I don't think there are any in that car park, walked some distance to find a machine, bought and displayed a ticket, yet was issued a PCN 6 weeks after the event.

The newbies guides have lots of complicated sounding template letters etc. Presumably designed to put the companies off from bothering with you. Is there any point simply appealing with the facts or will APCOA just laugh and tell us to pay up?

Quentin

The templates are tried and tested.


The PPCs are not your normal type of business who will listen to your mitigation!

Umkomaas

A PCN arrived today addressed to my wife as registered keeper of the car. It was dated 10th Jan for a parking violation on 27th November last year, which seems way too long.

If this was a windscreen ticket the PPC cannot access keeper details from the DVLA until after 28 days from the parking incident. Once received they have a further 28 days to serve the NtK.

pappa_golf

please confirm ownership of land , is it railway , and does NTK say anything about bylaws , time is in YOUR favour here

mrklaw

Umkomaas wrote: »

If this was a windscreen ticket the PPC cannot access keeper details from the DVLA until after 28 days from the parking incident. Once received they have a further 28 days to serve the NtK.

a letter through the post yesterday was the first we knew of it - ANPR with photos of the car in the letter.

pappa_golf wrote: »

please confirm ownership of land , is it railway , and does NTK say anything about bylaws , time is in YOUR favour here

I will check about bylaws. How do I find out if it is railway land? It was directly adjacent to the station

fisherjim

mrklaw wrote: »

a letter through the post yesterday was the first we knew of it - ANPR with photos of the car in the letter.




I will check about bylaws. How do I find out if it is railway land? It was directly adjacent to the station

There will be a sign quoting bylaw 14

The_Deep

Check whether it is either railway or airport land. Either way they cannot claim keeper lialility under POFA. Indeed even applying to DVLA may be unlawful. Under no circumstancetell them who was driving. Read this


https://forums.moneysavingexpert.com/discussion/5585125

Coupon-mad

mrklaw wrote: »

a letter through the post yesterday was the first we knew of it - ANPR with photos of the car in the letter.

I will check about bylaws. How do I find out if it is railway land? It was directly adjacent to the station

You don't need to, just send the usual template! Honestly none of this is needed.

Umkomaas

mrklaw wrote: »

a letter through the post yesterday was the first we knew of it - ANPR with photos of the car in the letter.




I will check about bylaws. How do I find out if it is railway land? It was directly adjacent to the station

Bylaws or not, the time taken for APCOA to issue the NtK means they cannot invoke keeper liability.

APCOA is so easy to beat at POPLA, so do a forum search on 'APCOA POPLA' or 'APCOA Railway' or even 'APCOA Airport' and you will find some recent POPLA appeals. Simply adapt (especially if using an airport one), flash it up here for critique (an overview, not a proof-reading, that's for you to organise), then get it off to POPLA for an almost certain victory.

What exactly are APCOA saying in the NtK about holding the keeper liable for the charge - there may be a potential DPA breach.

The_Deep

Here is one I made earlier

[FONT=Times New Roman, serif]I attach a copy of what appears to be an potentially fraudulent invoice to me as the registered keeper of the a/m vehicle? It is headed. “Notice to Keeper/Owner”. I am the keeper but not the owner.[/FONT]

[FONT=Times New Roman, serif]You state that the sum of £100[/FONT][FONT=Times New Roman, serif] must[/FONT][FONT=Times New Roman, serif] be paid by a certain date, why, by whom, and on what authority? Are you requesting me politely to name the driver, or are you demanding payment from the me if I decline so to do, (as is my lawful right)?. [/FONT]

[FONT=Times New Roman, serif]If you think that I, as the registered keeper owe you any money, then I believe that you have indeed obtained my details from the DVLA unlawfully, and therefore breached your KADOE contract. Surely you must be aware that land covered by railway bye laws is outwith Schedule 4 of the Protection of Freedoms Act and you invoke keeper liability.[/FONT]

[FONT=Times New Roman, serif]You have two choices. [/FONT]

[FONT=Times New Roman, serif]Cancel this invoice, destroy my personal data, and apologise for wasting my time, [/FONT]

[FONT=Times New Roman, serif]Issue a PoPLA code and risk being taken to court for accessing my personal data., and reported to the DVLA for breaching your Kadoe contract.[/FONT]
[FONT=Times New Roman, serif]
[/FONT]
[FONT=Times New Roman, serif]Comments welcome.[/FONT]

pappa_golf

Yes , issue a POPLa code ,

POPLa,s latest update was not in answer to the questions they wwere asked "can you adjudicate on bylaw land" , in fact the new statement make it quite clear that they will now adjudicate to see if you have broken a by law
NOT the offence???

win win for the comsumer ,

find in your favour , the PPC has to stop action
find against you , a ruling that it was a bylaw offence ,,,, and as we know (POFa2012) bylaw land is non applicable for CC action


thank you POPLa