Help, unfair parking penalty but no evidence

guohong

This was my first time using this train station car park run by APCOA. I parked my car, went to the machine and insert my Amex credit card. I followed the instruction, put in the pin and removed the card after the machine asked to do so. I waited a while but no display ticket printed. I remember sometimes people can pay by mobile apps and no parking display ticket issued. I thought that was the case and looked around other cars, most of which didn't have a ticket displayed, and I was in a bit hurry so I went to take the train. There is no need to lie or try my luck because this is a business trip and I can claim the cost back.
When I came back, saw a penalty ticket on my windscreen. Wasn't really too worried because I thought I can appeal with a credit card statement. Log into my online bank, couldn't see the transaction record. Contacted Amex, they said there was no record to attempt a payment. They suggested it could be a machine failure but can't help any further. I don't have any evidence. I was thinking to make the payment again and cam-record the process. My wife thinks it's a stupid idea: it might work and I loss £10 parking fee for nothing; or even it doesn't work it can't prove I tried it before - I don't like the word stupid but she's got a point.
Any advice or suggestions? I don't mind pay the parking fee at all but I do think £50 penalty is unfair, because I did pay (or at least I tried and was not aware that I didn't make it). I will probably appeal so any suggestions would be appreciated.
Thank you.

Egbert_Nobacon

Have a good read of the NEWBIES thread.
Don’t rush in with an appeal you have plenty of time.
The most important thing to remember is NEVER reveal who was driving.
You are the keeper and may or may not have been there on the day.

Egbert_Nobacon

You should also edit your post no I, My or We.
There are the driver and the keeper who are 2 different people.

beamerguy

Egbert_Nobacon wrote: »

You should also edit your post no I, My or We.
There are the driver and the keeper who are 2 different people.

YUP there are millions of driverless cars around where the keeper
is a passenger.

Coupon-mad

Why not simply do what everyone here does (read any APCOA thread, they all win!) and appeal as keeper and win at POPLA?

That's what the template appeal advice is for, in the NEWBIES THREAD. No need for APCOA threads, these are so easy.

The_Deep

AS above, but also complain to your MP>

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem become so widespread that MPs agreed to enact a Bill to regulate these scammers. Hopefully, this will become law by Easter .

guohong

Good idea of complaining to local MP. Will do that when meet him next time.
Had a fairly good read of the thread and my understanding is:
1. wait 26 days and appeal online using the blue template as the keeper, not to mention who the driver is.
2. wait another 26 days or so before appeal on POPLA. hopefully the NTK will not arrive.
3. appeal on POPLA. need to do more read of how to write the letter though...
can you confirm these are the right things to do? I saw another thread the guy appealed straight after the PCN, and got it cancelled. So not too sure about this 26 days waiting...
many thanks.

Le_Kirk

From the NEWBIE section: -

Q - ''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''

A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day 56, gives you a winning point at POPLA! Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NTK'. You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win.

Don't wait until the next time you see your MP, do it now in writing!

You can't appeal to POPLA until you receive the POPLA code from the PPC, if you do, given it is a railway station and probably bye-laws

Coupon-mad

I saw another thread the guy appealed straight after the PCN, and got it cancelled.

After a POSTAL PCN, yes.

So not too sure about this 26 days waiting...

We are, where it's a windscreen PCN. The NEWBIES thread explains.

guohong

sorry what do you mean by " if you do, given it is a railway station and probably bye-laws"? the chance of appealing is slim or?
Saw that thread and decided to wait until saw the other thread in which the guy appealed straight away and won.

Le_Kirk

guohong wrote: »

sorry what do you mean by " if you do, given it is a railway station and probably bye-laws"? the chance of appealing is slim or?
Saw that thread and decided to wait until saw the other thread in which the guy appealed straight away and won.

Check out the NEWBIE section and look for railway bye-laws and see what you have to do to see off this situation, providing you haven't told the PPC who was driving.