Parking Ticket from APCOA Worle Train Station

Coupon-mad

Just wait for the NTK then, the second appeal window.

Juliebump92

Thank you for your reply's, I did appeal just before I got a response. They have now replied to the appeal but no NTK as far as I'm aware?

The appeal is obviously unsuccessful. They have included photographs of the vehicle and quote Railway Bylaw's 14(2) To comply with instructions given on site. And 14(3) which requires any person parking a vehicle to pay any charges displayed on site.

It then states about 'No person in charge of a vehicle should leave it or place it on any part of the railway in any manner where it may cause obstruction or otherwise in accordance to any instructions issued on behalf if an operator or authorised person.

They state that the site is private land subject to the statuatory controls of Railyway Bylaws. Parking charges are not issued under PoFA.

.... Does any of this change how I respond. Do they have a valid point? In my view he is parked right next to a space, there is no reason why it couldn't/shouldn't be a space. It has 2/3 white lines there. Do I stand a chance here and in what direction should I steer my appeal to Popla if that's the direction to go in?

Thanks in advance

Fruitcake

It makes no difference whatsoever.

They are trying to say byelaws apply, so pay us, when in fact if byelaws apply, only the landholder can claim a payment for trespass.
Draft your PoPLA appeal using all the appeal points available from post 3 of the NEWBIES plus the winning byelaws point you can crib from other byelaw appeals.

Johno100

Juliebump92 wrote: »

Thank you for your reply's, I did appeal just before I got a response. They have now replied to the appeal but no NTK as far as I'm aware?

The appeal is obviously unsuccessful. They have included photographs of the vehicle and quote Railway Bylaw's 14(2) To comply with instructions given on site. And 14(3) which requires any person parking a vehicle to pay any charges displayed on site.

It then states about 'No person in charge of a vehicle should leave it or place it on any part of the railway in any manner where it may cause obstruction or otherwise in accordance to any instructions issued on behalf if an operator or authorised person.

They state that the site is private land subject to the statuatory controls of Railyway Bylaws. Parking charges are not issued under PoFA.

.... Does any of this change how I respond. Do they have a valid point? In my view he is parked right next to a space, there is no reason why it couldn't/shouldn't be a space. It has 2/3 white lines there. Do I stand a chance here and in what direction should I steer my appeal to Popla if that's the direction to go in?

Thanks in advance

This is the key part, POFA was the law brought in in 2012 which meant private parking companies could go after the keeper of the vehicle and not just the driver as before. Because, the land in question is subject to Railway Bylaws then as they have said POFA can't apply. So they can only pursue the driver and of course you aren't going to tell them who that was.

Have they sent you a POPLA code as of yet?

Coupon-mad

If they have you will easily win. Copy a similar one with no NTK, and show us. Easy.

Juliebump92

Hospital appointments and incredibly stressful times means I've missed the window to appeal to POPLA, not much I can do now is there?

Umkomaas

Juliebump92 wrote: »

Hospital appointments and incredibly stressful times means I've missed the window to appeal to POPLA, not much I can do now is there?

Not really. Sit back and enjoy the ride as you’re pretty much safe. It would only be a Court Claim to give any cause for concern, and I don’t think you have anything to fear from APCOA.

http://www.bmpa.eu/companydata/APCOA_Parking_UK.html

Coupon-mad

Juliebump92 wrote: »

Hospital appointments and incredibly stressful times means I've missed the window to appeal to POPLA, not much I can do now is there?

Well other than ignore them, no. Certainly don't PAY them!