APCOA RAILWAY PCN Advice please

Lellybelly

I have read through lots and LOTS of information that I've found via the NEWBIES thread (thank you ) but I would be grateful of some clarity on a couple of points as I now seem to be going round in circles! Most of the station bylaws info I've read relates to people who have had a windscreen ticket. Searching for APCOA and station/railway doesn't bring up very much at all (or maybe I'm just not searching correctly).

The circumstances are:
No windscreen ticket was issued.
A Parking Charge Notice was received from APCOA (also headed up with "Chiltern Railways") by post; served to the registered keeper for an "alleged contravention of Use of Private Car Park without a valid payment/permit" (sic).
The date of of the alleged incident and the date of issue on the notice are a month apart.
There is NO reference to POFA 2012 in the letter.
There IS a reference at the end of the letter that signposts POPLA as the Independent Appeals Panel, once "APCOA's appeals process has been exhausted".

If I have done my research correctly, the blue template (unaltered) should be sent to APCOA preferably around day 25. They will dismiss the appeal and refer to POPLA. In appeal to POPLA, a response should be drafted citing that the station bylaws and also the timescale on the NTK don't comply with POFA 2012 and therefore they cannot pursue the registered keeper. POPLA will then dismiss the fine.

The 2 things that I'm still unclear on are:
Will POPLA apply/intervene given the recent changes regarding bylaws?
Also I'm worried about the prospect of failing and having to pay a lot more or even go to court. I really don't understand the six month deadline before which one can be taken to court by Chiltern Railways If this is at all likely, I would genuinely rather pay the reduced fine now as I have severe anxiety and I'd rather be £50 down than risk my health.

Thanks in advance.

Fruitcake

There have not been any changes recently regarding byelaws.

Just follow the tried and tested methods you have mentioned above. Appel to CRAPCOA using the blue template around day 26.

Appeal to PoPLA as late as possible using all available appeal points that are relevant. You should win, but the PoPLA decision is not binding on the motorist so there is no requirement to pay the scammers even if you lose.

You just need to get this past 6 months when it gets statute barred.

It is not a fine.

Paying the scammers who can't take you to court because the railway company can, but only if they get the owner's details, which nobody knows, is just plain daft.

The scammers cannot pass the keepers details to the TOC or landowner unless they breach the DPA/GDPR regulations.

Please do complain to your MP about this unregulated scam.

Lellybelly

Ahhh...so APCOA can't pass personal info onto the Railway company for it to pursue! I get that now...Thank you
BUT are they trying to cover/get round this by stating in the NTD that they may share personal information with their "enforcement contractors and the person who appointed it to manage the carpark if relevant". They go on to say that this is part of the Terms and Conditions of parking and the "agreement" or "contract" entered into when using the carpark. They offer details of how they use personal data/rights of a consumer on their website too apparently. I must take a look!
Just a thought then, as they have explicitly mentioned this, do I need to refer to my data protection rights in my first appeal to APCOA?

Umkomaas

BUT are they trying to cover/get round this by stating in the NTD that they may share personal information with their "enforcement contractors and the person who appointed it to manage the carpark if relevant".

There's nothing that physically stops them passing on your data, but the law prohibits it. A bit like exceeding the limit in 30mph zones, there are repercussions if caught out.

Just a thought then, as they have explicitly mentioned this, do I need to refer to my data protection rights in my first appeal to APCOA?

For what purpose?

Redx

you need to read some of the INDIGO RAILWAY threads on here so you understand what is going on, especially the 6 month rule on bylaws land, ITS A COMPLICATED TOPIC so study it until the penny drops

so in the meantime (first)

appeal as KEEPER using the blue text appeal from the NEWBIES thread, no changes whatsoever, on day 25 following this postal PCN date

when you get your popla code, read recent popla appeals for railway issues , like METROLINK ones and Care parking

then copy and paste on of those appeals and adapt it by changing it to APCOA and RAILWAYS etc and not METROLINK or CARE PARKING

once completed, it will be saved as a pdf and uploaded to popla

when APCOA see it they usually bail out