POFA applicability when parked in Disabled space

Gooman

Due to poor and misleading signage (of all types) at a car park at a hospital, recently a driver of my vehicle got a windscreen PCN from APCOA when attending an appointment. They'd mistakenly parked in a disabled space as the signage was unclear.

The hospital Patient Advisory (PALS) team advise the driver that they can't (or won't) intervene unless they've appealed the PCN with the PPC and had the appeal rejected.

I've drafted a letter (the PCN states postal appeals only) to be sent on day 23 to arrive before day 28.

Given that I expect the PPC to refuse the appeal, I wanted to check their options after that.

Since POFA Schedule 4 is only about UNPAID parking charges, can they actually use POFA to argue keeper liability? The parking charge wasn't unpaid. The PCN shows that they're arguing that the driver used a disabled bay without displaying a blue badge. Surely that means no POFA, no keeper liability, and no case?

KeithP

Gooman wrote: »

Since POFA Schedule 4 is only about UNPAID parking charges, can they actually use POFA to argue keeper liability? The parking charge wasn't unpaid. The PCN shows that they're arguing that the driver used a disabled bay without displaying a blue badge. Surely that means no POFA, no keeper liability, and no case?

How much is the windscreen PCN suggesting you owe them?

That is the amount of the alleged UNPAID parking charge.

Yes they can use POFA to argue keeper liability.

Redx

POFA2012 is about keeper liabilty for an unpaid Parking Charge Notice, on paid for and free private land (usually used as a car park)

if this is england and wales and if APCOA used the correct POFA2012 wording and timescales then POFA2012 does apply and the keeper may be liable

if they failed POFA2012, then the keeper is not liable

the parking fee paid on the day isnt relevant

the correct procedure is to appeal it on day 26 using the template from the NEWBIES FAQ sticky thread, appealing as keeper (not as driver)

edit post #1 and remove any hint of who was driving

Quentin

Gooman wrote: »

Since POFA Schedule 4 is only about UNPAID parking charges, can they actually use POFA to argue keeper liability? The parking charge wasn't unpaid....

The driver used a disabled bay and according to them breached the contract for using it and thus incurred a parking charge


If you want to use POFA you need to never reveal who was driving


Edit your post to remove details of who was driving


The ppcs monitor here and can use your posts against you

Gooman

Thanks all.

Ah, I see.

Yep, planning on using the template from the sticky thread.

As the PCN only states postal appeals, and as you suggest not using Recorded Delivery, I'm stuck between posting early enough to ensure delivery and late enough to hit day 26.

As day 26 is a Saturday, I thought it best to post on the preceding Wednesday (day 23) which might arrive day 24, day 25 or day 26. Unless you advise differently?

KeithP

Send normal first class post, obtaining a free Certificate of Posting at the Post Office counter.

Who is the PPC?

Redx

APCOA

if you are planning to use the template from the sticky thread, then you should have said so , otherwise we would think you cobbled some rubbish together , plus it would prove to us that you had read and digested that NEWBIES FAQ sticky thread too

any day after the 21st day is fine , and obtain a free certificate of posting from the PO Counter and staple a copy of the KEEPER appeal to it and keep it safe

if APCOA failed POFA2012 then it means what happened on the day to the driver is irrelevant to a keeper appeal

this includes if they fail to send an NTK between day 29 and day 56 to the KEEPER which is what you are hoping will happen, and/or if it fails to have the correct POFA2012 wording on it

Quentin

@OP.


You look to have followed advice in #4 regarding editing but more editing required

KeithP

Redx wrote: »

APCOA

Ah yes, I now see that that was in the original post but for some reason the OP edited it out. Thanks.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

Since POFA Schedule 4...

...is not an Act that APCOA rely on, so there is no keeper liability, you will win this easily.

Why not appeal online, all you needed was to Google 'APCOA Appeal' to find their appeal page.