Chippenham Railway Station

Hockey27

@ John_Boy

Are you able to dropbox link?

Interesting! If on railway land it should be under byelaws, therefore not a private car park.
Can you confirm the date the car was parked?

As many posts say, Ignore the debt collectors, they can do nothing!

Send the letter as Coupon-mad says, make sure you include in there a question about landowner authority!

nosferatu1001

It does not have to be byelaws, if the private contract offers or provides something not already dealt with under byelaws. its just that even then, there is no keeper liability.

Coupon-mad

It's APCOA.

Dead easy.

No need for a thread, let alone any pictures (not being funny, it really is killed off simply by following the NEWBIES thread, with no need for any new thread).

John_boy

thank you again, am I right in thinking the template letter to be used is the one that starts


Template appeal for BPA or IPC members - copy this wording into the online appeal box::

Re PCN number:

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished...........

John_boy

Right, here's the next instalment .......


I sent the above letter to APCOA as suggested denying any liability and requested that "Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court"

Remember I had moved from the address that the vehicle is registered to and forgot to update the V5

Today I have received 2 letters


1) APCOA - have replied saying that the notice was initially sent to the address the vehicle is registered to on the 5th December 2017. As they didn't receive payment or appeal a reminder was sent on the 15th Jan 2018. When no further correspondence was received the matter was passed to a third party for collection


They go on to state "Therefore, we are unable to accept this letter and all future correspondence regarding the matter must not be sent and addressed to Debt Recovery Plus"




2) The second letter today is from Debt Recovery Plus headed "Notice of intended court action". It goes on to say how I can pay it etc etc


What is interesting is that it says that if I do not pay by 6th July they will pass my file to their client (APCOA) with a recommendation that they take further action against you.




So I have 2 questions


1) The parking incident took place on the 7th Oct 2017. Therefore if the notice was initially sent to my old address on the 5th Dec, surely that is outside of the 14 days ?


2) If APCOA refuse to deal with me directly and DRP send the file back to them for a decision, that sounds like they are chasing their own tail


Looking for any suggestions around what to do next, in particular do I resend the original letter to DRP or do I continue to only write to APCOA and demand a POPLA code

KeithP

John_boy wrote: »

So I have 2 questions

1) The parking incident took place on the 7th Oct 2017. Therefore if the notice was initially sent to my old address on the 5th Dec, surely that is outside of the 14 days ?

2) If APCOA refuse to deal with me directly and DRP send the file back to them for a decision, that sounds like they are chasing their own tail

Looking for any suggestions around what to do next, in particular do I resend the original letter to DRP or do I continue to only write to APCOA and demand a POPLA code

1) the 14 days you mention just means that they cannot transfer liability from the driver to the keeper. Nothing more.

2) DRP can do nothing except hound you for money. If you do not pay then all they can do is refer the matter back to the PPC.

3) {your un-numbered question} Have you read post #4 of the NEWBIES FAQ sticky thread?

There is nothing further you need do unless APCOA initiate court action. If they do that, then you need to read post #2 of the NEWBIES FAQ sticky thread and post again on this thread if you need further help.

John_boy

thanks again, so can you clarify, do I not even bother writing to DRP asking them to withdrawn the notice ?


If APCOA refuse to engage me how on earth can I get a POPLA code ?

Umkomaas

If APCOA refuse to engage me how on earth can I get a POPLA code ?

You'll never get a POPLA Code now - that ship sailed at the beginning of this year.

Just ignore DRP - they're powerless (see NEWBIES FAQ sticky, post #4). Threats of 'court' are empty. APCOA don't 'do court'.

http://www.parkingappeals.info/companydata/APCOA_Parking_UK.html

Coupon-mad

the parking incident took place on the 7th Oct 2017. Therefore if the notice was initially sent to my old address on the 5th Dec, surely that is outside of the 14 days ?

How does any '14 days' matter with a non POFA PCN anyway?

Why do people invariably focus on the 14 days POFA deadline which doesn't even matter at all in a non POFA case, where only a driver can be held liable? If they can't hold you liable with their wording (and they can't) then it makes no odds when they posted the useless bit of paper.

Ignore them. As long as they are now writing to the right address, just collect the threatograms!

John_boy

Ok, bear with me, I'm still learning... .I've read a link (which I can't post) which explains keeper liability and POFA 2012 but have some questions

Are you saying this is a non POFA because its at a Railway Station ? Having never seen the original PCN (which was via ANPR) I don't know if they are pursuing it under bye-laws or not, can they ?

Also having read the link one of the conditions it states is

7. A notice to keeper must be served not later than 14 days after the vehicle was parked

I'm don't know what bye-laws are enforceable but if they are using those but admit the notice wasn't posted till December does the 14 days apply or not ?


thanks