APCOA - POFA 2012 - PCN issued late

Umkomaas

D_P_Dance said:

If they do withdraw considering causing them a bit more grief, send them a LBA

https://forums.moneysavingexpert.com/discussion/6144741/apcoa-pofa-2012-pcn-issued-late#latest
I sent one to APCOA  and got a two page reply from their legal saying I had no case. 

What, no money DPD? Are you losing your touch?

nightowl2020

APCOA POPLA draft. Is this OK?
The 1st point is lifted from elsewhere on here. The second point is my own attempt at the "golden ticket" defence.

Dear POPLA,

On the XXXXX, APCOA Parking (UK) Ltd. issued a parking charge notice highlighting that the above mentioned vehicle had been recorded via their automatic number plate recognition system and "that it was parked without a valid payment". 

As the registered keeper I wish to refute these charges on the following grounds:
1) The Notice to Keeper (NTK) fails to comply with the Protection of Freedoms Act (POFA) 2012
2) APCOA Parking (UK) Ltd. openly admit that NTK was not issued under POFA 2012


1) The Notice to Keeper (NTK) fails to comply with the Protection of Freedoms Act 2012 (POFA)

To support this claim further the following areas of dispute are raised:
• The NTK was not not served within the required 14 days to transfer keeper liability

Under schedule 4, paragraph 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle, if certain conditions are met as outlined in paragraphs 5, 6, 11 & 12. APCOA Parking (UK) Ltd have failed to fulfil the conditions which state that the keeper must be served with a compliant NTK, as outlined within paragraph 9. Specifically, they have failed to include the mandatory timeline and wording:
The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

This appeal would like to specifically highlight subsection (b) as the received NTK was delivered by post. Furthermore, paragraph 9 (5) defines a relevant period as “..the period of 14 days beginning with the day after that on which the specified period of parking ended’’

The NTK sent appellant arrived 102 days after the alleged event. Therefore, this serves to highlight that APCOA Parking (UK) Ltd. have failed to act in time for keeper liability to apply. As a result, the appellant is not liable for any charges, as the Notice to Keeper has not been properly ‘given’ under the Protection of Freedom Act (POFA) 2012.

2) APCOA Parking (UK) Ltd. openly admit that NTK was not issued under POFA 2012
Upon initial appeal to the operator, the challenge was rejected. In that rejection letter, the operator wrote the following.

"Please be aware, this notice is not issued under POFA 2012, and therefore the time scale guidelines outlined by them are not relevant to this appeal."

If the operator admit that they are not using POFA 2012, then there is no keeper liability for this PCN. For the sake of clarity, the driver has never been named nor has the operator offered any evidence as to the driver of the vehicle.

Coupon-mad

If it were mine, I'd just submit that but a single point appeal is not for the faint hearted.  You might want to add the belt & braces of the usual points about no landowner authority and dodgy unclear signs.  APCOA are likely to give up.

D_P_Dance

A sngle point appeal may well be the way to go.  Apcoa seem to be far more intelligent than most other of these companies.

nightowl2020

Hi all,
I've just received notification from POPLA that the operator has submitted evidence for me to review. I logged in and it said that it was loading documents for about 30 seconds then the loading message disappeared and I had this screenshot. Does this mean that they just did not provide any evidence? I received multiple emails all in the same minute, so maybe they gave APCOA a deadline to respond and they just didn't bother and the clock ran out so the system just automatically generated the messages?

Fruitcake

If you can't see CRAPCOA's evidence then complain to PoPLA. Ask for the clock to be reset until you have received CRAPCOA's evidence.

nosferatu1001

As above. 
Not something we can resolve. 
Try using a different browser on your PC, just in case. 

Coupon-mad

They don't have to submit a 'case summary' so ignore that bit but email POPLA and ask for the evidence by email and to extend your 7 days to when they provide you with the evidence pack (if there is one).

nightowl2020

Just to let you know that despite to POPLA website automatic notifications APCOA never did submit any evidence in the end. All of the remaining appeals were not contested and I got several of these that came through awhile back. Thanks very much for the advice and not allowing this terrible company to take advantage of me.

Dear 

Thank you for submitting your parking charge appeal to POPLA

An appeal has been opened with the reference                 .

APCOA Parking - EW have told us they do not wish to contest the appeal. This means that your appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team 

Redx

Well done , just goes to show the advice works

That response is typical of APCOA , a very , very common sight that we see many times

They take it to the wire with bluff and bluster , then fold when the cards are dealt and showing

Have a great xmas !! 👍👍