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pullingteeth987

Hi Me Again
received a letter back from apcoa 10th July in reponse to complaint letter sent saying appeal unsuccessful
with a popla code and chance to pay original charge from january,s ticket?
they state
please be aware this notice is not issued under pofa 2012, and therefore the timescale guidelines (arrived after 25 days) outlined by them are not relevant to this appeal
this notice issued in line with bpa guidelines have been adhered to in this instance.

So my question is how can they go for keeper liability ? when they say they have no course of action against the driver
I am so confused
Also a couple of days later qdr sent letters demanding 167 for same ticket threatening court
5 complaints were sent in 1 envelope to apcoa but they have only responded to 1 out the 5 with rejection and code
Thanks for helpingx

waamo

pullingteeth987 wrote: »

Hi Me Again
received a letter back from apcoa 10th July in reponse to complaint letter sent saying appeal unsuccessful
with a popla code and chance to pay original charge from january,s ticket?
they state
please be aware this notice is not issued under pofa 2012, and therefore the timescale guidelines (arrived after 25 days) outlined by them are not relevant to this appeal
this notice issued in line with bpa guidelines have been adhered to in this instance.

So my question is how can they go for keeper liability ? when they say they have no course of action against the driver
I am so confused
Also a couple of days later qdr sent letters demanding 167 for same ticket threatening court
5 complaints were sent in 1 envelope to apcoa but they have only responded to 1 out the 5 with rejection and code
Thanks for helpingx

No they cannot invoke keeper liability. The letter clearly states they and not using POFA.

Redx

They can go for what they like, even if it's misguided and flawed and apcoa are not the sharpest tools in the box, it's all bluff and bluster

Proving their case is always their undoing, because despite having bad bruises on their heads they still keep bashing the same wall in the same place

This is why they always tell popla they are not contesting a forum led appeal

They gave even said they are not using POFA against the keeper, so shot themselves in the foot against a Keeper appeal

We don't know why they continue to do this futile exercise

Read recent apcoa popla appeals and draft your own

Email the BPA about the debt letters whilst a popla appeal is ongoing and the other 4 missing replies

pullingteeth987

Thanks Redx I will do as you suggest but What will the BPA do to help in this situation? How do I get apcoa to reply to the other 4 and having started ping pong with qdr how do I get rid .
Neither one seems to answer my questions in my letters to them I will show the letter and the responses
Dear Sir/Madam



I write to you as registered keeper of......

I have received from APCOA a 'Notice to keeper' That was issued on 29/01/2019 for an alleged contravention of Use of Private Car Park without valid payment/permit at Dorridge (ANPR)



I understand that APCOA do not own the car park. The land on which the car park is situated is subject to Railway by-laws and so considered not Relevant land, therefore the PoFA 2012 does not apply.



If APCOA disagree I ask that you provide evidence documenting proof from the Rail authorities that this land is not covered by by-laws.



APCOA have failed in each notice issued to mention that railway by-laws apply or PoFA 2012.



The notice from APCOA has failed to identify the driver of the vehicle. As the registered keeper I am not liable for this but now are seeking to apply liability on me. Because you have not identified the driver there will be no admissions as to who was driving and no assumptions can be drawn.



I understand that the Protection of Freedom Act 2012 that this is the only legal means by which APCOA can do this but this reference has not been stated to me by any of your correspondence. If you are not seeking to use the PoFA to impose liability on me the registered keeper, you should state and prove the legal basis claim to make me liable.



The 'Notice to Keeper' was issued on 29/01/2019 which is 21 days after the alleged contravention on 08/01/2019.



There is no keeper liability because the notice was issued outside of the 14 day period. No notice to driver was left on the vehicle.



I do not expect to hear from you again other than to confirm that no further action will be taken on this matter. Further action by you will be considered harassment and vexatious and will result in action being taken against you.



Yours faithfully.

response from apcoa is what i put in post and response from qdr
With reference to your recent correspondence, the contents of which we have noted.



Please be aware that the parking site in question is not being managed under the Railway Bylaws, as in that case you would have received a Penalty Notice instead of a Parking Charge Notice (PCN).



As your vehicle entered and remained at the site in breach of the prominently displayed terms and conditions, these PCNs have been issued.



While we appreciate you are disputing these PCNs, we confirm our only instruction is to close these upon payment of their due balances. It must however be noted that our clients are happy the correct process has been followed in issuing these PCNs and sending all relevant correspondence to the keeper’s address.



Our clients are not obliged to identify the driver, as they have no cause of action against them at this stage.



The above files will remain on hold for 14 days.



Please see below our payment method:
then we sent


Dear Sirs
Thank you for your reply .
I ask you to explain precisely what you mean ?
"no cause of action" against the driver.?
As you have confirmed you are following a civil breach of contract, without a cause of action against the driver you have no cause of action against anyone.
I'm also very aware that there is no keeper liability anyway - if you disagree, I require you to state your full chain of cause of action against a vehicle keeper.

Therefore cancel these tickets, as you have confirmed there is no cause of action against the driver, and there can be no cause of action against the keeper in any case.

Yours Sincerely
then they sent
Thank you for your email, the contents have been noted.



In answer to your question, we advise that the registered keeper of the vehicle will remain liable for the outstanding Parking Charge Notices (PCNs) and not the driver.



Our client has confirmed they have followed the correct process and have issued the above PCNs correctly.



We appreciate that you continue to dispute these PCNs.



We act solely on our clients’ instructions in this matter. Your comments however have been noted and should our clients instruct further action, you will be notified in due course.

and now by post for 2 of the tickets
£167 threatograms
Sooo confused

waamo

Stop communication with QDR. They are monkeys not organ grinders. Let's get things cleared up a bit. Have you formally appealed to APCOA for each and every ticket?

Did you reference each ticket in your appeal letter? In other words is each ticket reference number written on each letter?

pullingteeth987

Waamo thanks for your time. Basically all tickets were ignored from Jan
Hindsight wrong.
Only 1st of July entered in correspondence with both out of fear from poss court claim.
Letters were sent individually by email and then printed and posted in 1 envelope each to both qdr and apcoa to which only one of the letters was replied to
Hope this makes sense

waamo

Ok so you were out of time for an appeal then. That's why its being ignored.

Did you appeal any of the tickets within 28 days? It sounds like you did if you got a POPLA code.

For those tickets you got a POPLA code for you need to appeal to POPLA. Cite no keeper liability as the main point.

Those that you are not going to get a code for all you can do is go into ignore mode.

The good news is that APCOA don't do court.

pullingteeth987

sorry for the confusion
Didnt respond to any within 28 days
only got the popla code when they responded to 1 of the 5 complaints as an appeal rejection ? so the ticket was issued in Jan popla code given in july
I wanna know why they only responded to 1 out the 5 when they were sent in same envelope??
So bizarre

waamo

pullingteeth987 wrote: »

sorry for the confusion
Didnt respond to any within 28 days
only got the popla code when they responded to 1 of the 5 complaints as an appeal rejection ? so the ticket was issued in Jan popla code given in july
I wanna know why they only responded to 1 out the 5 when they were sent in same envelope??
So bizarre

You assume they are organised. They probably didn't realise it was out of time and just sent a code.

pullingteeth987

So Do you think it would be ok to use the code then ?