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APCOA Railway car park PCN

edited 31 January 2019 at 11:33AM in Parking tickets, fines & parking
9 replies 278 views
davejones2175davejones2175 Forumite
4 Posts
edited 31 January 2019 at 11:33AM in Parking tickets, fines & parking
I had a PCN on 27th September last year issued by APCOA at a railway station car park.
I appealed online using the blue template on 25th October and heard nothing until receiving a NTK today.
The PCN is allegedly for "Parked in restricted area", There are four photos on the NTK and none show any sign of a restriction.
As I understand it they should have responded to the appeal, but did not and have taken too long to send the NTK.

What, if anything should I do next?

Appreciate any help or advice anyone can offer. I've read the Newbies thread and am not clear

Replies

  • nosferatu1001nosferatu1001 Forumite
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    WEll, this isnt relevant land so the keeper cannot be liable. Do they claim the keeper is liable?

    For RAILWAY car parks the aciton is clear; past 6 months, the company has no threat possible.
    A bemused "I appealed on X date, as Keeper of the vehicle, and you failed to respond. Please explxain why you are only now sending out the Notice to Keeper as you have never responded to my appeal"
    That should get you past the 6 momtns with ease.
  • Thanks for the response.

    So I don't believe they are trying to claim the keeper is liable, just offering that the keeper either pays the full amount or, if not the driver at the time of the specified period, provide them with the name of the driver and current address.

    The NTK says a charge must be paid before the end of 28 days past the date of this notice. Would I be right in saying my response should be sent around 25 days from now?
  • Guys_DadGuys_Dad Forumite
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    Thanks for the response.

    So I don't believe they are trying to claim the keeper is liable, just offering that the keeper either pays the full amount

    That is them trying to use keeper liability.

    Look, there are sooooooooooo manyyyyyyyyyyyyyy threads on here about "APCOA Railway " that there is nothing new any of us can add. To get a speedy answer to your questions, just search this forum for the words in red above.
  • Also their NTK states they will retain my personal information for 6 years and may share it with APCOA's payment enforcement contractors and the person who appointed it to manage the car park.

    DVLA state all personal data received from DVLA must be deleted once they have finished with it. They also state they cannot pass information obtained from DVLA to third parties who are not acting on their behalf without permission. Is it worth contacting DVLA regarding the conflicting statements?
  • replying in order for them to reply to your next question on or just before 28th feb will take you to day 154 , whats bet they cannot answer before day 180
  • nosferatu1001nosferatu1001 Forumite
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    Youre trying to get this past 6 months
    Once youve done that, point out they have no possible cause of action against you as keeper, as no matter what they calim, POFA does not apply and there is no charge possible under the Byelaws. SO cease processing your data immeaitely, as their "need to process" has ended

    You require confirmation of this within 10 days.
  • Thanks everyone for your help and advice.

    I'll do some more searching, but I think it's clear that I just need to drag it out past the 6 month mark.
  • RedxRedx Forumite
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    thats what everyone is telling you

    plus once that has happened, you send their DPO a request to delete your data, same as in all the other similar threads on here about APCOA, INDIGO etc

    if you do enough reading, you will understand all of these concepts , including not believing everything your adversary tells you about railway charges where POFA does not apply (the keeper is above reproach and nobody cares about what happened on the day, because it wont ever come up if you dont tell them who was driving)

    the 6 month deadline is crucial to all of this
  • FruitcakeFruitcake Forumite
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    You have two choices.

    Ignore until after 6 months, or keep asking questions until after six months.

    At that point you tell them to delete your data as advised above by Redx. A month or so after that, send them a SAR asking what data they hold about you including your VRN. If they still have your data then you complain to the ICO.

    In any case, please complain to your MP about this unregulated 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
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