Apcoa pcn

The_Deep

You send this as the appeal to the PPC around day 26. Don't wait for the NTK. The idea is to appeal and make them forget to send one at all.

I disagree. If this is Bye laws land forget the EA and concentrate on no keeper llability, but it would be better to wait for the NTK/O

They will have to apply to the DVLA for keeper details, and if they then pass them to a DCA they will then be in breach of the provisions of the Data Protection Act.

stormhunter

it is now day 23 and have not received a NTK as yet. so do i send the above appeal based on the EA 2012 or do i do it against byelaws land or both.

Umkomaas

stormhunter wrote: »

it is now day 23 and have not received a NTK as yet. so do i send the above appeal based on the EA 2012 or do i do it against byelaws land or both.

In many respects it doesn't matter what you put in an initial appeal (other than not identifying the driver) it is sent to elicit a POPLA code, with which the motorist has a very good chance of having their appeal upheld and the charge cancelled.

We also recommend, where a windscreen ticket has been issued, to do this around day 26 as a strategy for heading off the PPC from remembering to send any NtK, which means, once 56 days have expired, there can be no possible keeper liability.

With your appeal (as drafted above) you might have the prospect of getting them to cancel in view of the EA 2010 angle.

So whether you go for the strategy above (no NtK within 56 days) or await the issue of the NtK, as suggested by The Deep, then go with the appeal, is entirely up to you. At worst, either method will deliver a POPLA code where you can defeat this - it's just a matter of which grounds to try to do that on.

The key question for you is, if you go with TD's strategy, are you up for a possible fight in court with APCOA? You could get a pay off from them just by issuing a LBA, or at the other end of the legal spectrum you might have months of work with APCOA taking it all the way, you face an adversarial lawyer representing them and ultimately a judge finding against you, with costs awarded against you (limited by a cap in the small claims court).

These, I think, are your options on this. Your choice.

stormhunter

I posted the appeal to APCOA on day 26 and received a automatic answer saying they would reply within 35 days. I have still not received any NTK or contact from them and it is day 42 since i sent appeal. I have still not received a POPLA code from them so can someone please advise me where i go from here.

Redx

best to wait and see, pointless poking a sleeping dog with a sharp stick

as this is railway you want the time to drag past the 6 month stage so the TOC cannot consider magistrates court

time is on your side here , delays cost them money

Umkomaas

Go to their website and try to ‘pay’ your charge (obviously don’t press the ‘pay’ button!). It will give you the status of your charge. They may have cancelled and can’t be ar5ed to inform you.

stormhunter

I have just checked their website and i says it has been passed to there debt collection agency and to pay £100.

pappa_golf

they will not give a POPLa code , the BPA has deemed that POPLa is non aplicable on railway land , you can however contact the BPA and state that no reply has been forthcoming from your appeal and it has been passed to debt collectors

Umkomaas

I think I’d write to David Dunford of the DVLA and state that APCOA won’t give you a POPLA code, the BPA say that POPLA cannot adjudicate on railway cases, so could he please tell you where an independent ADR facility is available to you. Otherwise you are at a distinct disadvantage compared to any other private parking case.

david.dunford@dvla.gsi.gov.uk

pappa_golf

as enshrined in UK law