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Guildford railway station PCN APCOA

Lekkerbok
Lekkerbok Posts: 4 Newbie
edited 13 July 2018 at 1:42PM in Parking tickets, fines & parking
Hi all,

Am entering the wonderful world of parking charge notice appeals - just wanted to run my plan past some of the experts on here so I know I'm doing the right thing.

Back story:
PCN by APCOA issued on the windscreen for £85 - "failure to display ticket". I'm just approaching day 14 so I expect a NTK to be issued soon.
Signage at the parking station is absolutely abysmal, and in-fact there is no signage at the entrance (which I'm sure is in contravention to some rules I read somewhere...?)
I also understand that railway bylaws apply, and to appeal as keeper as they cannot cite POFA to deem the keeper liable.

So, from what I've read around, this is the best way to go ahead..
1) Wait for NTK
2) Appeal using blue text template
3) Wait for POPLA code (though they probably wont give one due to it being railway station, and instead claim to go through magistrates)
3a) if I do get a POPLA code, appeal under railway bylaws/POFA
4) Ignore DRPlus and other shoddy debt recovery company letters until 6 months have passed.

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Or keep playing ping pong with APCOA, untill you get to six months
    These are easy.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Lekkerbok wrote: »
    Hi all,

    Am entering the wonderful world of parking charge notice appeals - just wanted to run my plan past some of the experts on here so I know I'm doing the right thing.

    Back story:
    PCN by APCOA issued on the windscreen for £85 - "failure to display ticket". I'm just approaching day 14 so I expect a NTK to be issued soon.
    Signage at the parking station is absolutely abysmal, and in-fact there is no signage at the entrance (which I'm sure is in contravention to some rules I read somewhere...?)
    I also understand that railway bylaws apply, and to appeal as keeper as they cannot cite POFA to deem the keeper liable.

    So, from what I've read around, this is the best way to go ahead..
    1) Wait for NTK
    2) Appeal using blue text template
    3) Wait for POPLA code (though they probably wont give one due to it being railway station, and instead claim to go through magistrates)
    3a) if I do get a POPLA code, appeal under railway bylaws/POFA
    4) Ignore DRPlus and other shoddy debt recovery company letters until 6 months have passed.

    With a first post like that I have a sneaky feeling you will be fine. I would go the mail ping pong route though.
  • Thanks to both of you. What's the best way to play mail ping pong with these muppets - keep contesting letters they send etc?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Well yes, of course
    Ask them questions theyre obliged to answer. Such as, how do they have authority, what byelaw are they claiming was breached, and exactly where in the legislation the breach was specified, and so on.
  • Well yes, of course
    Ask them questions theyre obliged to answer. Such as, how do they have authority, what byelaw are they claiming was breached, and exactly where in the legislation the breach was specified, and so on.

    Sound - thank you! I'll keep the thread updated when the ball starts rolling :)
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Ask one question at a time. Take your time. They will be more than happy to play along too.
  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Send an SAR to their data controller asking much the same things. Send one to the DVLA as well.

    Please complain to your MP as well about this unregulated scam. Point out they have issued a PCN when they have no authority to do so. You need to explain things to our MPs in simple terms so they have a chance to understand what things are like in the real world.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 42,854 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PCN by APCOA issued on the windscreen for £85 - "failure to display ticket". I'm just approaching day 14 so I expect a NTK to be issued soon.
    They won't be able to get your data from the DVLA until day 28, so you're a bit premature expecting anything from them yet.

    Sterkte :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake wrote: »
    Send an SAR to their data controller asking much the same things. Send one to the DVLA as well.

    Thanks for this. Am I sending this SAR after I receive the NTK, and as part of the pingpong process, or just on a separate note? I will begin drafting a letter to my MP.
    Umkomaas wrote: »
    They won't be able to get your data from the DVLA until day 28, so you're a bit premature expecting anything from them yet.

    Sterkte :)

    Haha, whoops. Got my dates muddled up. Thank you :)
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