PCN at train station by APCOA

dtwooduk

Hello there,

Received a windscreen ticket on Jan 5 at a train station car park issued by APCOA, I genuinely forgot to pay for my ticket.

I haven't responded as of yet and have now received my Notice To Keeper. Which has photos of my car and the signage.

Just wondering what steps I should take now? - Is there still a way of fighting this?

Redx

just follow the advice in the NEWBIES sticky thread for BPA members

use the blue text template

DO NOT reveal who was driving or who the owner is

byelaws probably apply , in which case popla will kill it off

if posting , get a free certificate of posting from the P.O. Counter

dtwooduk

Thanks Redx.

Is that following this template?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Redx

it certainly is

twhitehousescat

yes , please come back when and if APCOA give you a POPLa code

dtwooduk

Does it matter that on the letter it says "For the alleged contravention of FGW01 - No valid payment"?

dtwooduk

And unsure if I should put the - 'I believe that your signs fail the test of 'large lettering' and prominence' because to be fair to them the signs are pretty massive!

twhitehousescat

say what you want the BPA have told POPLa that railway land cannot be delt with by them and it must be done thru magistrates , send the letter as late as posible


,2. POPLA and appeal process for Railway Land
There is a meeting on 27th January 2017 to discuss this issues. John Gallagher decided to
make a decision on the outstanding cases as they could not stay adjourned, he concluded
that he would allow them all. He has invited the Operators to withdraw them and will allow
the rest. He is meeting with with the DVLA, DCLG and the Railway Operators on the 27
January 2017 to agree the process including the appeals.
If you park in a railway car park it will be a criminal case and they will allow clamping, which
does not seem good practice.
One possibility is the DVLA to say that operators can continue to use POPLA but this means all
appeals will be dismissed. Currently they are bound by the decision where the appellant is
not. The alternative will be to take POPLA out of the equation and then it is pursued through
the criminal system

Fruitcake

dtwooduk wrote: »

Does it matter that on the letter it says "For the alleged contravention of FGW01 - No valid payment"?

There is no such byelaw offence, if the car park is covered by byelaws. Most station car parks are.

dtwooduk wrote: »

And unsure if I should put the - 'I believe that your signs fail the test of 'large lettering' and prominence' because to be fair to them the signs are pretty massive!

You have been advised to use the BPA template in blue by the regulars on here. Please trust us. We know what we are a doing of. You need to spend more time reading the NEWBIES thread to understand what is meant by inadequate signage. Very few parking scammers are capable of getting it right.

Copy and paste and send.

dtwooduk

Ok, guys. I will write what you have advised. Just worried, but thanks for all the help

Guys_Dad

There may be a number of steps in an appeal.

Just remember the two songs - "One Step at a time, Sweet Jesus" sung by Daniel O'Donnell. And remember that Daniel was protected in the lions' den.

The other song is "One Step Beyond" by Madness.

So which way for you? Daniel or Madness?

:rotfl::rotfl::rotfl::rotfl: