Appeal decision against me

svern56

Redx said:

It's not an apcoa car park , probably Victoria train station ? Which apcoa manage (but do not own) if it is the train station then Network rail own it !!

How anyone can lose there is beyond me , if they followed the previous advice on here for that location , especially as Apcoa do not follow POFA plus it does not apply for that train station car park

Clearly you failed the basics to lose a popla appeal against APCOA , because everyone else that fights APCOA with forum assistance wins due to apcoa withdrawing

I'm afraid that I only considered this forum after losing the appeal! I told them that I had a bank statement proof but it did not hold any water and I lost. Just out of curiosity how could I have not lost? They came down in favour of the evidence that APCOA provided, showing that they did not have a payment from me on their logs.  I have been told not to do anything now and hope that they do not pursue it. Maybe I should have looked on here first but I didnt and so am very grateful for any help or advice that I am given.

Redx

you would have appealed as keeper and not revealed who was driving and as APCOA fail to follow POFA and if I surmised the correct location then no keeper liability would have won it , so what a driver did or didnt do would have been chump change

therefore the finer details would have been irrelevant and never dissected or munched over

ie:- no keeper liability would have been a slam dunk for the keeper , revealing your cards caused you to fail , whereas a NO COMMENT , prove I am liable for this charge would have won it , especially at a train station (same as all the airport and train station ones already won on here)

sometimes you can be to close to the grove to see the wood from the trees , stepping back and winning on a technicality is preferable to arguing over semantics

if you read my advice on here on almost any APCOA case you would see how and why it was an easy win for anyone doing an hours research and not shooting your own foot , like this one

https://forums.moneysavingexpert.com/discussion/5803128/parking-charge-notice-apoca/p1

and

https://forums.moneysavingexpert.com/discussion/5633739/apcoa-parking-appeal-response-popla

and  https://forums.moneysavingexpert.com/discussion/5655548/apcoa-parking-fine-appeal

or this Solihull one

https://forums.moneysavingexpert.com/discussion/comment/76484438#Comment_76484438

and https://forums.moneysavingexpert.com/discussion/comment/74689898#Comment_74689898

read through this UKPPO at Newcastle Airport to see the same arguments on no relevant land (airport not network rail)

https://forums.moneysavingexpert.com/discussion/5971217/newcastle-airport-ukppo-bw-legal-collective-defence-group/p1

over twenty wins would indicate how the arguments win out on technicalities

also this airport example

https://forums.moneysavingexpert.com/discussion/5969655/apcoa-parking-luton-airport

read the advice in that thread too, and the reasons why its a slam dunk win, same as any Luton or Birmingham (BHX) Airport case with APCOA (its hard to lose an APCOA one when a keeper appeal is made)

svern56

Redx said:

you would have appealed as keeper and not revealed who was driving and as APCOA fail to follow POFA and if I surmised the correct location then no keeper liability would have won it , so what a driver did or didnt do would have been chump change

therefore the finer details would have been irrelevant and never dissected or munched over

ie:- no keeper liability would have been a slam dunk for the keeper , revealing your cards caused you to fail , whereas a NO COMMENT , prove I am liable for this charge would have won it , especially at a train station (same as all the airport and train station ones already won on here)

sometimes you can be to close to the grove to see the wood from the trees , stepping back and winning on a technicality is preferable to arguing over semantics

if you read my advice on here on almost any APCOA case you would see how and why it was an easy win for anyone doing an hours research and not shooting your own foot , like this one

https://forums.moneysavingexpert.com/discussion/5803128/parking-charge-notice-apoca/p1

and

https://forums.moneysavingexpert.com/discussion/5633739/apcoa-parking-appeal-response-popla

and  https://forums.moneysavingexpert.com/discussion/5655548/apcoa-parking-fine-appeal

or this Solihull one

https://forums.moneysavingexpert.com/discussion/comment/76484438#Comment_76484438

and https://forums.moneysavingexpert.com/discussion/comment/74689898#Comment_74689898

read through this UKPPO at Newcastle Airport to see the same arguments on no relevant land (airport not network rail)

https://forums.moneysavingexpert.com/discussion/5971217/newcastle-airport-ukppo-bw-legal-collective-defence-group/p1

over twenty wins would indicate how the arguments win out on technicalities

also this airport example

https://forums.moneysavingexpert.com/discussion/5969655/apcoa-parking-luton-airport

read the advice in that thread too, and the reasons why its a slam dunk win, same as any Luton or Birmingham (BHX) Airport case with APCOA (its hard to lose an APCOA one when a keeper appeal is made)

So, knowing that ignorance and naivety made me contact them as I thought I was doing the 'right thing' by saying I had paid, and I might add, feeling confident  because I knew I had paid, and so felt I was in the right....as you say it has gone against me. So, what would your advice be now?

Redx

See if they issue a court case within 6 years , if they do , defend it

Or

Pay in full

Your choice , but we would say don't pay , fight

The right thing to do is what you are doing now , research , read , get advice , no knee jerk reactions and no blabbing , a measured response based on good advice is what you should have done

I did the research above for you because you asked , but you didn't do so , and I have never received a private PCN , ever , yet I assist others

svern56

Redx said:

See if they issue a court case within 6 years , if they do , defend it

Or

Pay in full

Your choice , but we would say don't pay , fight

The right thing to do is what you are doing now , research , read , get advice , no knee jerk reactions and no blabbing , a measured response based on good advice is what you should have done

I did the research above for you because you asked , but you didn't do so , and I have never received a private PCN , ever , yet I assist others

Thanks.  I made the mistake of not reading on here before responding to them but will now heed your advice. Thank you. I will fight it if they contact me again.

henrik777

Every time they write to you, write back (by email as it's free).

I owe nothing, i paid at the time. Here's a copy of the proof.


Then if they go to court and lose on this point, you'll have created a great paper trail to show the court why they behaved unreasonably in respect of costs as well as having a defence that's unlikely to fail.

In the mean time if you could get the bank to put in writing who the payment went to.....

Coupon-mad

svern56 said:

Umkomaas said:

Where in my previous post did I advise writing to APCOA?  Why on earth would you want to do that?  Knowing you are out of work is likely to encourage them to ramp up further pressure on you. 

Ah, sorry, I just thought I would have to contact them because POPLA said I only have 14 days in which to pay it.  Hence if I contacted them and told them I could not pay it might go in my favour.  If you think not, then I wont..thanks.

You.do.not.pay.APCOA.  

Stop thinking you have to contact them, but either:

(a) take henrik777's good advice to create a paper/email trail (and keep it for years just in case) or
(b)  ignore them unless they start a court claim (never heard of one from APCOA) in which case you'd just win it in court instead, by coming back here for further advice and not writing stuff you imagine might help (it won't).

You could have beaten this easily if you'd come here earlier and not said who the driver was...I see you've already been told that, so at least you know for next time!

D_P_Dance

PoPLA are an irrelevance,   APCOA will fold against a well reasoned defence.  

svern56

Coupon-mad said:

svern56 said:

Umkomaas said:

Where in my previous post did I advise writing to APCOA?  Why on earth would you want to do that?  Knowing you are out of work is likely to encourage them to ramp up further pressure on you. 

Ah, sorry, I just thought I would have to contact them because POPLA said I only have 14 days in which to pay it.  Hence if I contacted them and told them I could not pay it might go in my favour.  If you think not, then I wont..thanks.

You.do.not.pay.APCOA.  

Stop thinking you have to contact them, but either:

(a) take henrik777's good advice to create a paper/email trail (and keep it for years just i case) or
(b)  ignore them unless they start a court claim (never heard of one from APCOA) in which case you'd just win it in court instead, by coming back here for further advice and not writing stuff you imagine might help (it won't).

You could have beaten this easily if you'd come here earlier and not said who the driver was...I see you've already been told that, so at least you know for next time!

Well, I am back here!  POPLA told me I had to pay and I didnt. But today I have received a letter from Debt Recovery Plus asking for £155. They urge me to get in touch in case COVID means I am having trouble paying it.  I clearly dont think I should have to pay it because the money for the parking went from my bank.  What would be the advice now.  Should I just continue to ignore it?  Should I contact my bank for any additional evidence? Will it be any good to me if they do, as POPLA decided I cant prove it was this car park that it relates to!

D_P_Dance

What would be the advice now. 

My advice would be to read the newbies at the top of the index page.   Have you complained to your MP?