Quick Question

jlewsey15

UPDATE
Apcoa obviously rejected my appeal and unfortunately life has got in the way and I didn't appeal to POPLA inside the 28 days of receiving the appeal rejection letter.


Have I no lost my chance to appeal or can I carry on and appeal to POPLA?


Any advice would be appreciated. thank you

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Morning all

I've read the Newbie posts but just want to double check I'm doing the right thing:

Quick background:
railway car park, wrong VRM entered, parking date was 07/12/17.
Received a 'Parking Charge Notice' dated 03/01/18 about the infractions.

So just to sum up what I do:

1. Use the 'blue' text from the Newbie post and send this to Apcoa via post today (literally copy/paste with no additions other than my name, address, VRM and PCN NO.)
1a. There is no way to appeal via email or online, unless I have missed something.
2. Do not make any mention of VRM error nor who was driving.
3. Once sent, get a POPLA appeal ready and then when Apcoa reject my appeal use the code they give me on my POPLA appeal and issue.

Is that all good?
Anything I need to add?
Do I make mention of the fact they didn't issue me with the PCN inside the 16 days?

Thank you all

nosferatu1001

EDIT YOUR POST

remove any clue as to the drivers identity. Now.

It specifically states parking charge, and not penalty under byelaws?

Yes, use the blue appeal. If there is no online appeal, then there isnt one.
2) correct
3) Yes, you will appeal on no keeper liability, as there isnt any at stations.

Umkomaas

Is that all good?

Yes

Anything I need to add?

No

Do I make mention of the fact they didn't issue me with the PCN inside the 16 days?

It’s actally 14 days commencing with day following the parking event - but are they attempting to invoke a Keeper Liability, do they suggest the keeper might be liable under the Protection of Freedoms Act 2012? If they aren’t suggesting this, then the 14 days point is irrelevant.

jlewsey15

Post amended so should be ok now?

Header on paper is:

"PARKING CHARGE NOTICE
First Great Western
Creditor: APCOA PArking (UK) Ltd

'Notice is hereby served to the registered keeper of VRM XXXX XXX.
For the alleged contravention of Use of Private Car Park without a valid payment/permit
At ................
on ................ at ..:..
The alleged contravention is the BREACH OF THE TERMS AND CONDITIONS OF USE of the car park where signs are clearly displayed throughout the area showing these terms and conditions."

Then on the back is all the stuff about not knowing the driver or current serviceable address, requesting payment or info on driver. £100 charge which will be £50 if paid in 14 days etc.
Blurb about getting my details from DVLA under reg 27(1)(e) of the Road Vehicles Regs 2002.

Assume that changes nothing about what I have to do.

Thanks again

jlewsey15

Assume that makes sense?

Umkomaas

There’s nothing you have replicated from the NtK that suggests APCOA are attempting to invoke KL, so if that is the case forget the 14 days point. Just use the blue text initial appeal - without any alteration or addition - from the NEWBIES FAQ sticky, post #1.

jlewsey15

thank you all, much appreciated. I have sent the letter so will keep you updated and also post my POPLA appeal once I have put it together.

Happy new year all.

jlewsey15

Updated at top of page.


Thank you all for your help.

KeithP

You now need to wait for up to six years to see if they start court action.

Post again on this thread if you receive a Letter of Claim or official court papers.

Such a shame. This could've been killed stone dead at PoPLA.

Umkomaas

UPDATE
Apcoa obviously rejected my appeal and unfortunately life has got in the way and I didn't appeal to POPLA inside the 28 days of receiving the appeal rejection letter.

Have I no lost my chance to appeal or can I carry on and appeal to POPLA?

Any advice would be appreciated. thank you

Too late for POPLA now, I fear. When did your 28 days run out (you can actually squeeze 33 days from a POPLA Code). If you've missed that to, then the following applies:

Months of debt collector hassle now likely, plus the threat of potential legal action hanging over you for 6 years.

Fortunately - at the time of writing - APCOA are benign in a litigation sense, but as KP points out, they have 6 years to pursue you, and there can be no second guessing what they might do between now and 2024.

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

Just one simple copy and paste of a recent APCOA POPLA appeal would have seen them fold and you'd get a cancellation confirmation from POPLA within a couple of days of submitting the appeal. Literally 15 minutes work.

A definite case of defeat being snatched from the jaws of victory. You now just have to batten down the hatches and ride the initial debt collector 'storm', which will last for around 6 months. Ignore anything the debt collector sends you.

Coupon-mad

Nothing will happen, it's only APCOA!