Byelaw 14 APCOA Parking NTK

nevans

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The_Deep

Personally, I would ignore entirely. IMO, if the TOC took this is to a court, (a Magistrates court and within six months), they would come a cropper.

Fruitcake

Edit your post to remove information about who did what. Only ever refer to The Driver, The Owner, and The Keeper, who are three different people.

Where railway byelaws apply the driver can and the owner may be liable. The Keeper cannot.

You could either send the initial appeal template in blue you found when you read the sticky thread for NEWBIES, from the keeper, and then play ping pong for six months, or ignore it for six months.
Alternatively you could ignore it completely as TD has said.
If you do appeal, send it unedited except a one liner stating that since byelaws apply the keeper cannot be held liable.

If you appeal and it is rejected then appeal to PoPLA as per post 3 of the NEWBIES.

This all assumes the keeper has received a penalty notice and not a parking charge notice.

Whatever happens, complain to your MP about this unregulated scam.

Fruitcake

nevans wrote: »

Thank you The Deep for your reply. I was thinking of ignoring it, and have not contacted them yet. I just worry you know!

It all depends on whether you really did receive a penalty charge notice as opposed to a parking charge notice.

You need to edit your initial post as I said in my previous post.

Fruitcake

nevans wrote: »

Thanks Fruitcake for your advise.

It specifically states at the top that is is a "Penalty Notice" in a sticky pouch labelled 'PENALTY NOTICE'.

Okay, so they are relying on railway byelaws. You have two options as already suggested.

Ignore for six months, or appeal using the blue template and one liner about no keeper liability, ignore for six months then instruct CRAPCOA to erase your (keeper's) data

You could waste more of your and their time by making a PoPLA appeal if you wish.

After that time it cannot be pursued through magistrate's court, which is the only place where a byelaw offence can be heard.

twhitehousescat

Fruitcake wrote: »

Okay, so they are relying on railway byelaws. You have two options as already suggested.

Ignore for six months, or appeal using the blue template and one liner about no keeper liability, ignore for six months then instruct CRAPCOA to erase your (keeper's) data

You could waste more of your and their time by making a PoPLA appeal if you wish.

After that time it cannot be pursued through magistrate's court, which is the only place where a byelaw offence can be heard.

sounds like fun , especially as the notice is clearly marked as a penalty

waamo

If you want it to go away quickly a POPLA appeal is the way to go. There is no keeper liability on railway land. If you don't name the driver then they have nobody to chase.

Send the blue template to get a POPLA code. Appeal to POPLA setting out POFA doesn't apply and the driver hasn't been named. Bingo win.

Coupon-mad

Interesting. APCOA issuing penalty notices, and not Council ones. This is not what I was expecting you to say.

Can you show us a scan of both sides? I for one, would like to see it and what it says about liability...