APCOA - Guildford Station

xthebatchx

Hi folks,

As a newbie I've thoroughly read the 'NEWBIES READ THESE FAQS FIRST' sticky, and having also read numerous related posts I'm still a little unclear on one or two of the steps I should follow regarding my particular case, which is an APCOA PCN issued at a railway station on the windscreen. Any help greatly appreciated!

I know you will say this is an 'easy case' but here goes... I bascially have 3 questions:

QUESTION 1 - It is unclear to me whether it is best to appeal on day 26 with the one size fits all template, or wait for the NTK first and then appeal with the template? I think the link provided on the NEWBIES READ THESE FAQS FIRST sticky is clear on what to do if the railway ticket is specifically from Indigo i.e. just wait for the NTK. However, presumably then, if it is still a railway ticket but from APCOA instead of Indigo, as in my case, then the day 26 advice is to be followed as it states: "If it was a windscreen 'PCN' (not postal, and not an Indigo Railway 'penalty' - see Q&A above) wait 3 weeks"

QUESTION 2 - In any case, I was also wondering is it worth me adding a reference to railway byelaws to the one size fits all template? If so, does anyone have a link to a killer sentance or two on this (can't seem to find anything succinct).

Also, as an aside, the location of the alleged contravention written on the PCN is wrong - they have listed the long stay station car park instead of the premium short stay car park. The photos only serve to prove this because the railings and other features in the background of the photos show it cannot be the location they are alleging. QUESTION 3 - is it worth adding this fact to the my one size fits all template?

Thanks.

Redx

1) use the blue text template as KEEPER on day 26 , which is designed to engage with them in the hope they "forget" to issue an NTK to the keeper and to get a POPLA code

do NOT tell them who was driving nor who the owner is, at any time, not even to us on here

2) DO NOT ALTER THE TEMPLATE AT ALL, let them stay confused

3) NO, save it for popla , if they issue a popla code

xthebatchx

Thank you Redx, much appreciated!

It is now day 26 and I am about to send the blue text template. Hopefully I have the right version... It does seem somewhat aggressive... with phrases like "Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18)." I guess this is part of the strategy?! I'll send this today in any case, using their online form.


Thanks again..

Redx

they probably wont even read it, never mind worry about its content


you can remove the "rant" if it makes you happy

xthebatchx

Thanks Redx. I ended up quoting the template in full. Just by way of update, Apcoa appear to now have a 'truth declaration' as part of their online appeal form. You have to tick a box to state you are telling the truth and you are forced to supply an email address in addition to the physical address, otherwise you cannot submit the form.

Something I didn't mention previously... I have paid a PCN of theirs in the past and I have previously appealed (successfully) regarding the same vehicle and in those instances admitted being the driver. I suppose this shouldn't allow them to draw any conclusions on the driver in this case..

I shall await any NTK or email response.

Thanks again

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 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 House of Commons recently

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

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
for unprofessional conduct

Fruitcake

xthebatchx wrote: »

Thanks Redx. I ended up quoting the template in full. Just by way of update, Apcoa appear to now have a 'truth declaration' as part of their online appeal form. You have to tick a box to state you are telling the truth and you are forced to supply an email address in addition to the physical address, otherwise you cannot submit the form.

Something I didn't mention previously... I have paid a PCN of theirs in the past and I have previously appealed (successfully) regarding the same vehicle and in those instances admitted being the driver. I suppose this shouldn't allow them to draw any conclusions on the driver in this case..

I shall await any NTK or email response.

Thanks again

Of course you will be telling the truth, so ticking a box to say so is not a problem. You could have generated a throw away email address just for conversing with CRAPCOA, such as a Gmail account.

You could also have put in your own "truth box" or require them to make a statement of truth telling them you will not respond further unless they comply.

Previous PCNs are irrelevant and cannot be linked to your current one. Anyone could have been driving with your permission, including me.

Umkomaas

You could also have put in your own "truth box" or require them to make a statement of truth telling them you will not respond further unless they comply.

I like that. What's good for the goose .......

xthebatchx

Hi all,

I have an update on this. For ease, here is a succinct summary of what has happened so far:

- Alleged contravention: 25/09/18
- Sent standard template on day 26
- Received rejection to appeal (received via email) + POPLA code: 26/11/18
The registered keeper then received a Notice to Driver: 29/01/19 – interestingly in this letter it makes reference to a notice to keeper/owner being sent (this was never received), and that the registered keeper had informed them that it was the registered keeper themself that was driving (this did not happen). So that part is completely erroneous.
- A POPLA appeal has not been made.
- First debt collection notice from ZZPS received for £155 (gone up from £85): 07/03/19
- Final debt collection notice from ZZPS received (still for £155): 22/03/19

Anyone know what is likely to happen next? Presumably it is too late to appeal to POPLA. Any advise greatly appreciated.

Please note, I have another ‘penalty’ from APCOA, which followed exactly the same process as above (just a couple days later), but instead this time it was a notice to keeper (not driver).

Again, any advise regarding this one, if it should differ from the one above, would be much appreciated.

Thanks!

Redx

very foolish to have not used the original POPLA code because its no longer valid or on offer and would have been easily won at POPLA - MISSED A GOLDEN OPPORTUNITY THERE , so the RK is a p*llock for not submitting a POPLA appeal before XMAS 2018

as this was a station, the "penalty" notice "times out" after 6 months , meaning that the TOC cannot take it to magistrates court

I clearly told you what to do in my earlier reply, it should have been appealed with the blue text and then a popla appeal made, at which point apcoa would have thrown in the towel

the same procedures applies now , the advice is unchanged

and ZZPS should be IGNORED, that advice is unchanged as well (IGNORE the debt collectors)

xthebatchx

Thanks, Redx.. it was foolish indeed... unfortunately life's events consumed us during this time (birth of my son included!) so we did indeed miss the POPLA opportunity unfortunately...

When does the 6 month timeframe start ticking? Is it from the date of the alleged contravention? If so, then we are already past the 6 month mark. Does this mean it cannot go to court?

You said the same procedures apply now... though I have to be honest I'm not sure what that is.. I guess simply ignore ZZPS and wait for court?