Help - APCOA PCN advice needed

Dougal123

My partner uses a APCOA car park in a train station and pays through their website. They have used it for parking while at work for many months with no issues (They even forgot to pay one day when in a rush and in a panic the next day rang APCOA, who said there is nothing to worry about if there was no ticket on the windscreen). Does this mean they do not have ANPR working in that car park?

On the 19th March a windscreen PCN was received after paying online and has receipt for proof of payment. On the receipt it was then realised that a minor keying error had occurred which meant the reg that was used to pay was wrong. Can this be appealed with evidence of receipts, including that my partner uses this car park on a weekly basis and this is a genuine mistake?

But then....

While reading the PCN I noticed it says LLA01 - 01 Failure to purchase and display a valid parking ticket or valid parking permit.
I dug a little deeper and checked the APCOA website where you can view the evidence, pay or challenge my Parking Charge Notice. On entering all the details I am met with 'Sorry, your records are currently unavailable. However, we advise you to still make payment by selecting the payment value as detailed on your Charge Notice in the “AMOUNT TO PAY” menu, on the right.'
Am I right in saying this means they have no evidence?

APCOA are BPA approved.

Thanks in advance for any help you can provide.

Half_way

Dont read too much into the term BPA aproved, or BPA members.
As for th miss keying of a reg number, this hasbeen previously covered and this should not be a reason to pursue a pakring charge notice.
if you wait a while someone may be able to provide a link to this statement.
For now read the sticky threads and do not send anything off just yet

Coupon-mad

It's APCOA at a railway, and APCOA can't hold a registered keeper liable as they choose not to use POFA wording (even on non railway land they don't).

So, please, please, please DO NOT let the person appeal as driver! Eeek no!

Just use the appeal template in the NEWBIES thread and add a line instead of the bit about grace periods (remove that), saying that it has been noticed that this PCN seems to have arisen from exactly the sort of 'minor keying error' that the BPA issued instructions to their members recently, not to issue a PCN for at all.

Attach the PDT machine ticket as well, still not saying 'my ticket' (no implying the driver). It is 'the ticket relating to the car & payment the driver made'.

No adding words of your own that have ''me, myself or I'' in them!

You can add that you note they do not use the POFA and cannot hold the keeper liable.

No ticking any box that says ''I was the driver'' in the appeals menu on the website.

Dougal123

Thank you very much for the advice. So would this be ok to appeal with?

I dispute your 'parking charge', as the keeper of the vehicle. It is also noted that you do not use POFA wording and as a result you cannot hold the keeper liable. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If this PCN concerns a minor keying error then please be aware that the BPA issued instructions to their members not to issue a PCN for this reason.

- In all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,
Bart Simpson

12 Springfield
bla bla bla
bla bla

Redx

if that is the blue text template , then yes, submit it as KEEPER (not mentioning anything about who may have been driving)


the KEEPER has no liability, its that simple , but the KEEPER must jump through a few hoops in order to get it quashed


a DRIVER would be the fool that blabs

Dougal123

Redx wrote: »

if that is the blue text template , then yes, submit it as KEEPER (not mentioning anything about who may have been driving)

Yes and also includes edits suggested by coupon-mad.

Also have I understood correctly not to appeal now and wait until the 26th day?

Redx

correct, if this is appealing a windscreen ticket (not a postal notice)

Dougal123

Just wanted to give an update on this case.

I did not wait the 26 days to appeal. I felt I had a leg to stand on with regards to the minor keying error. So I rang APCOA on behalf of my partner and asked for their stance on the situation and if I have a legit reason to appeal. They said if it is one digit wrong they usually show leniency. The man on the phone asked for the PCN number on the ticket, I reluctantly handed it over after questioning him on the reason he needed that information. After stumbling over his words and trying to avoid giving me a reason why, he then told me he might be able to cancel it over the phone for me now (I was very suspicious). After confirming all details in regards to the reg number and dates he began what can only be described as a tension building, xfactor style, 30 second silence (I can only presume he was trying his hardest to find an excuse not to cancel the ticket). The silence was broken with a question regarding how the mistake was made. I simply replied "a keying error" and so began another 10 second silence which was then broken with the words "OK sir, as a good will gesture I will get it canceled today".

I understand that what I did was very risky and against advice given, but with the help and advice from this forum I felt I was confident enough to tackle these people face on. As a result I got the outcome that I wanted.

I have a recording of the full phone call and I am happy to share with anybody who might find it useful.

The_Deep

So I rang APCOA

Never ever telephone a scammer. If this gets to court, (and many do), you need a paper trail, judges love paper trails.

his is obviously a scam, so get your MP on board, they are very familiar with these private parking scams and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Glad it was cancelled but would have been just as easy to appeal as keeper.

100% winnable.

Never phone a parking firm.