Parking Ticket from APCOA Worle Train Station

Juliebump92

Hello,

Apologies I've read through the Newbie post, I saw about copying the blue text. I'n still slightly confused, I don't really know about BPA or POPLA or any of the confusing terms.

My partner purchased a ticket, however he's received a notice as he's in an 'unmarked bay'. He says that this space looks genuine, there are 2 white lines rather than 3 though. He says he has parked there many times and seen others doing the same and never seen anyone with a ticket. Even in google street view there's someone parked in the spot.

What does he send please and to whom? As for railway bylaws does this work for or against us?

Sorry this is going well over my head tonight, school holidays frying my brain! :rotfl:

Redx

yes bylaws apply , but you really need to sit down and read other railway station threads and digest what is really going on here

assuming the RK has received a pcn in the post (not a windscreen ticket) use the blue text to appeal it as KEEPER to apcoa

no naming the driver , ever !!!

they will reject this and give you a popla code

then crib from other 2017 (nothing older) popla railway appeals , like INDIGO etc (or possibly apcoa like a recent manchester one) and draft your own popla appeal

once approved , this is uploaded as a pdf to the POPLA website by choosing OTHER

apcoa are likely to fold once this has been done , but it may be put on hold by POPLA pending a DfT decision

so as I said , have a good read of other railway threads, to get the gist

the TOC have 6 months to take the RK to magistrates court due to bylaws, this parking ticket lark is a smokescreen and not to be believed (but still do as I said) - and dont forget , NEVER reveal who was driving , not even on here (the correct terms are THE DRIVER and THE KEEPER , nothing else)

ps:- read this one posted today , its similar

https://forums.moneysavingexpert.com/discussion/5690116

The_Deep

Here is PoPLA appeal I won recently against APCOA. They folded


POPLA APPEAL - Bye-Laws Land – No Keeper Liability

[FONT=Times New Roman, serif]This is an appeal about a Parking Charge Notice issued by the operator for an alleged breach of the the company's terms and conditions in a railway station car park. The operator confirms that this land is covered by Railway Bye- laws and therefore it is not relevant land for the purposes of the keeper liability provisions of Schedule 4 of The Protection of Freedoms Act, under which it says the charge has not been issued.. [/FONT]

[FONT=Times New Roman, serif]The operator does not know who the driver was, or the owner, and it would appear that they have made an assumption that was that person. If so, I put them to strict proof of this. [/FONT]

[FONT=Times New Roman, serif]If they are relying on Elliot v Loake, this was a criminal conviction obtained from forensic evidence and has been rejected by many judges as not relevent.[/FONT]

[FONT=Times New Roman, serif]If they are relying on the outcome of Beavis v Parking Eye in the Supreme Court the circumstances bear no resemblance. Beavis took place in a free car park in a shopping centre limited to two hours where there was no opportunity to purchase extra time, and overstayed by almost an hour. The PPC were paying £52,000 a year to manage this car park and PCNs were their only source of income. It was deemed that the charge of £85 was reasonable as there was a necessity to ensure a high turnover of traffic and to discourage abuse from railway commuters. [/FONT]

[FONT=Times New Roman, serif]In the present case, the parking fee was paid, there was no obstruction, and this therefore amounts to an unlawful penalty. [/FONT]

[FONT=Times New Roman, serif]Only the land owner, in this case the Train Operating Company, can take action, and only against the driver or owner, in a Magistrates Court, within six months of the date of the alleged offence, that date has now passed.[/FONT]

[FONT=Times New Roman, serif]Spaces were poorly marked, in some cases there was no marking at all, I attach a photographs taken a few weeks later and put APCOA strict proof that the markings were regularly maintained.[/FONT]

[FONT=Times New Roman, serif]The signs are difficult to read, being up to three metres off the ground with letters as small as 5mm.in white on a pale blue background. It is impossible to see how they are sufficiently prominent to form a contract. I would refer you to Excel v Martin Cutts where the judge disallowed the claim due to poor signs.[/FONT]

[FONT=Times New Roman, serif]The PCN was incorrectly issued by the wrong company under wrong law to the wrong person.. The time has now passed for the alleged offence to be prosecuted in a criminal court, and I request that this charge is therefore cancelled. [/FONT]

[FONT=Times New Roman, serif]Furthermore, it was issued eight months ago and appealed in time. It is only now, some seven months later have I been issued with a PoPLA code. In the meantime I have been subjected to a barrage of threats, begging letters, lies and inducements by debt collection agencies, contrary to the BPA Code of Practice... [/FONT]

[FONT=Times New Roman, serif]Finally, the amount the PPC think they are owed by someone. be it driver, keeper, or owner, is confusing. It started at £60/100, went up to £160, was then reduced to £75, and later came back to £60, rising to £100 if not paid. Do they not know how much they want?[/FONT]


Pleaseuse it if useful.

Fruitcake

If this was a windscreen ticket then don't appeal yet. Send the BPA template in blue around day 26 just like it tells you in the NEWBIES.

If it was a NTK through the post then send the BPA template now.

Copy and paste and send.

You need to get pics of the entrance, signage, and the parking bay itself. I know the station and have used it myself a few times so can probably help with pics if you can't get them yourself.

Juliebump92

Thank you everyone, this was a windscreen ticket. Issued on 24/07 so we're on day 22. My partner works in Weston so can easily get photographs but thank you for your kind offer Fruitcake!

So in 4 days I will send the blue template. Thank you for that, what is expected to happen/usually happens after this?

Juliebump92

And do Railway Bylaws mean that it is harder or easier to fight the parking charge notice? I'll be honest, I'm physically disabled, I have a lot of stress going on and the last thing I want is months of fighting with a high chance of Magistrates Court. The ticket is written for "Not parked in a marked bay"

Thank you

Redx

they will reject the KEEPER appeal and issue a popla code

then you read recent railway station bylaws appeals like APCOA and INDIGO etc and draft your own to go to popla, then they will likely thrown in the towel because the BPA and POPLA hev deferred all railway bylaws appeals awaiting a decision by the DfT

it is EXTREMELY unlikely that the TOC will issue a penalty notice and take you to magistrates court, more chance of meeting a genuine DALEK at Euston train station at 0412 am on 29 february !!

Coupon-mad

Juliebump92 wrote: »

And do Railway Bylaws mean that it is harder or easier to fight the parking charge notice? I'll be honest, I'm physically disabled, I have a lot of stress going on and the last thing I want is months of fighting with a high chance of Magistrates Court. The ticket is written for "Not parked in a marked bay"
Thank you

None of that matters because APCOA are so easy to beat at POPLA.

They can't hold a registered keeper liable, so if the driver is never divulged, they lose. To my knowledge, we've never seen an APCOA appeal lost at POPLA since it started in 2012.

Juliebump92

Hehe. Thanks so much, have just read a lot of previous posts, so I feel much more at ease now.

nosferatu1001

I'd personally not appeal until after a NtK is issued
The key with anything byelaws is to time out the 6 months. Best is to wait for the NtK and appeal at the end of that period, when you get rejection appeal at the end of that, and then it hits popla wait bin for byelaws

AIUI the ppc CANNOT pass any details onto the toc, breach of DPA and worse for them their kadoe contract with the dvla. Secondly the toc has little incentive to go to magistrates - they literally get nothing but a bill.

Juliebump92

Argh I've been silly and just realised it's now been 29 days since the PCN was served. Can I still send the BPA template now?