Apcoa parking charge notice - Train Station - 1 letter error

Habel

Hello all, firstly would like to say thank you for this amazing forum. I received a PCN for parking at a train station on 16th November. I received a letter in the post 2 days ago (YES 4th January!) giving a notice to the registered keeper for a £85 fine.

I was shocked to see this as a ticket was purchased on the RingGo app. But when I checked, there was a miss typ. 1 letter wrong. The rest of the number plate was correct bar this one error.

So I have read the Newbie thread plus loads others and I already know I will win at POPLA stage due to them being non-compliant with POFA 2012 as they did not issue the notification until 40 days after the alleged offence!! this is what I have ready to send, my question is: Should I add anything to this about actually purchasing a ticket with 1 letter wrong, and attach the ring go receipt to the online appeal form? The receipt shows no name or address, but it does show a customer number, and 4 digits of payment card. Or is this unnecessary and will weaken my defence?

"Re PCN number: XXXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. 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 the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

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

Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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,

XXXXXXX"

Thanks in advance for your help!

Redx

Do not add extra details , use the blue text only , no alterations , no admitting what was done , you should know that there should be no blabbing by the driver if you as keeper want to win this

If you really want to add a copy of the ticket , use words like "the driver" etc

The driver bought a ticket , the keeper has enclosed a copy of the paid for ticket where it is clear that only one character is different. The BPA issued guidance that minor keying errors should not result in a PCN and Sivas keeper you fail to see why the NTK was sent and it should be cancelled immediately

So the following words should not be used , "My , Me , Myself & I"

Only use keeper and driver , no implying who was driving nor who paid for the ticket , Keep it vague if you wish to win

If the ticket and account weaken your defence , don't go there , but do complain to the BPA about the NTK and apcoa still issuing them for minor keying errors which is against BPA guidance and that apcoa should be sanctioned , adding a copy of the NTK and a copy of the ticket

Habel

thank you! this is what I have submitted along with the receipt. Fingers crossed!

"Re PCN number: XXXXX

I dispute your 'parking charge', as the keeper of the vehicle. 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 the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

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

Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

The driver bought a ticket , the keeper has enclosed a copy of the paid for ticket where it is clear that only one character is different. The BPA issued guidance that minor keying errors should not result in a PCN and as keeper I fail to see why the NTK was sent and it should be cancelled immediately.

If you decide to take this further, then the BPA will be informed that you are not following their guidance and you will most likely be sanctioned.

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,

XXXXXX

Redx

Bare in mind that POFA does not apply at railway stations, neither does keeper liability , so don't be surprised if they reject your POFA objection , but they should either cancel or issue a popla code

If they take it to Popla , complain to the BPA about it , with copies of all paperwork

https://forums.moneysavingexpert.com/discussion/6087190/help-popla-appeal


you can crib from this thread regarding any subsequent popla appeal


https://forums.moneysavingexpert.com/discussion/6088230/popla-grounds-appeal-which-one

nosferatu1001

Edit your post
You give away the drivers identity here. PPCs monitor fora.

Habel

can you PM me where @nosferatu1001 ? tried to PM you but your inbox is full!

twhitehousescat

- 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.

you have already stated parking was bought via an app

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.




you have already stated that you entered the wrong VRN

Coupon-mad

The new BPA CoP issued yesterday (discussed on another thread) says operators MUST CANCEL if a one letter mistype is identified at first appeal stage.

So it is good you included this:

The driver bought a ticket , the keeper has enclosed a copy of the paid for ticket where it is clear that only one character is different. The BPA issued guidance that minor keying errors should not result in a PCN and as keeper I fail to see why the NTK was sent and it should be cancelled immediately.

nosferatu1001

Just edit it to say the driver paid for parking via RINGO, and since then you have checked the receipt and it shows the error.

Habel

Just an update, took a while for a reply but happy to say that they have cancelled the ticket on first contest. However they did say that if a clerical error happens again they will not cancel the 2nd time. Hopefully it will not happen again but from the advice ive been given here i would have no problem challenging again. Thanks all!

Coupon-mad

So they are complying in this case at least, with the new CoP.

It is sadly and shamefully (as the CoP is dreadful and is now worse) the ONLY good thing in the new updates to the BPA CoP.