APCOA PCN - Rail Station, slightly different

cloud_dog

Ok, so I received a PCN from APCOA for 10 May 2017 (dated 29 June 2017), received today.

I have two queries for which I (initially) would like to appeal

1) The time delay between the parking instance and the issuing of the PCN (49 days)

2) Parking was actually paid for (by telephone) but was attributed to a different rail station

Has anyone successfully appealed due to the elongated time period for issuance of the PCN?

Looking more closely at a receipt for the paid for parking (10 May 2017), it is from 'Connect Cashless Parking' / 'Mirada Connect Ltd'.

The user only has a registered account with APCOA, I assume with the contact telephone number etc stored in the phone. Perhaps APCOA has sold / transferred ownership of the other rail station (Hemel Hampstead btw). So the person thought they had paid for parking at the original rail station nut had actually paid for parking at Hemel Hampstead (which used to be APCOA?).

Umkomaas

1) The time delay between the parking instance and the issuing of the PCN (49 days)

If they are pursuing keeper liability under PoFA 2012, they are too late. But railway land is covered by byelaws and is therefore 'not relevant land' (for pursuit of the keeper) under PoFA 2012. They are therefore pursuing the driver (unless the NtK suggests they are attempting to pursue the keeper?) where the time limit is not critical to their case. What does it say about who they are pursuing in the NtK?

The user only has a registered account with APCOA, I assume with the contact telephone number etc stored in the phone. Perhaps APCOA has sold / transferred ownership of the other rail station (Hemel Hampstead btw). So the person thought they had paid for parking at the original rail station nut had actually paid for parking at Hemel Hampstead (which used to be APCOA?).

You're really overthinking this - just send off the blue text initial appeal from the NEWBIES FAQ sticky, post #1. APCOA sometimes cancel the charge at this point, but if it goes to POPLA, you can win there with forum assistance.

cloud_dog

Hi

The start of the notice begins with...

"Notice is hereby given to the registered keeper of vehicle registration XXXX XXX"

The blurb goes on to say...

"As we do not know either the name of the driver or their current serviceable address, we request that you either pay the full amount outstanding as noted above; or if you were not the driver of the vehicle at the specified period, provide us with the name of the driver and their current serviceable address... <<yada yada>>".

It is just annoying that the person did pay for parking on the day using their usual payment method but somehow the default location appears to now be Hemel Hampstead.

Umkomaas

Does the NtK specifically claim they have the right to pursue the keeper under PoFA?

cloud_dog

Hi

The document is headed "Parking Charge Notice", and is the first notice type documentation received. The images are of the ANPR type (entering leaving).

The blurb on the back states...

"The vehicle keeper data has been obtained from the DVLA (under regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002). They have provided the details above as the registered keeper....."

Umkomaas

So is that 'Yes' or 'No'?

cloud_dog

Umkomaas wrote: »

So is that 'Yes' or 'No'?

Hi

Sorry, but I'm not an exert in this field. What I can tell you is that:

1. I cannot see the letters 'PoFA' in the document
2. At the end they state all appeals must go via APCOA. The independant Appeals Panel POPLA may be engage <yada yada>

Not sure if the use of POPLA indicates adherence to PoFA?

As mentioned in my second post the document starts with:

cloud_dog wrote:

"Notice is hereby given to the registered keeper of vehicle registration XXXX XXX"

I do not know if this terminology defines / answers your question or whether it is considered simply introductory blurb.

Coupon-mad

APCOA never use the POFA. so the answer is no, and they can't hold the keeper liable.

Just send the blue writing template appeal, nothing more and nothing less, as registered keeper. I believe APCOA only let you appeal by post (check the PCN)? If so, send the appeal letter with your name and address and PCN number, by taking it to a PO Counter and getting a free certificate of posting, and keep that receipt, stapled to a copy of the appeal letter.

NOT 'recorded delivery' EVER, never to a parking firm (think about it).

cloud_dog

Just for completeness....

PCN page 1

PCN page 2

Coupon-mad

Laughable, the usual useless APCOA Railway 'PCN' which can't hold a keeper liable.

Even if the lack of POFA wording didn't give it away, the fact they took 6 weeks to post the thing (and the fact this is railway land - under 'Statutory control' of Byelaws) confirms this can't hold you, the keeper, liable.

Appeal it without saying who was driving, like all the other APCOA Railway ones - search the forum for 'APCOA POPLA Railway' for examples of second stage appeals that always win (and I mean always), should you need POPLA.