APCOA PCN - Seeking Confirmation

kramkram

Hi all,
Grateful for the wealth of information on this forum.

I've read the newbie thread and I think I know what the course of action is but I just wanted to check. Here's a summary:

• On 3 November 2020 I received correspondence from Enterprise noting that there'd been a traffic violation on 23 September during a rental with them. Enterprise charged me an admin fee and said I'd receive further details by post.
• I queried the violation with Enterprise and as I was in the process of moving house I gave them my new contact address.
• On Thursday last week I received a PCN from APCOA dated 31 December 2020 at Tesco Rotherham. The penalty is £70!

Based on the information in the forum I believe the thing to do is appeal to APCOA on the basis of a non compliant NTK, using the template in the below thread. Is this correct? I am not sure when the 21 day period would have elapsed but presumably way before 31 December. 
https://forums.moneysavingexpert.com/discussion/comment/69859059#Comment_69859059

There's another issue which is that when I go on APCOA's website to appeal I get the message below in italics, which is simply not true. There doesn't appear to be an e-mail that I can write to, only a postal address as an alternative.

You have already challenged this PCN/ECN and we replied on Wed, 30 Dec 2020. You cannot challenge twice.  

Would appreciate any advice please.

Many thanks

Redx

It's not a Penalty , it's a parking charge notice , PCN

Yes , use that template but adapt it because yours is APCOA , not Highview !!

Complain to the BPA AOS team that you cannot appeal as a hirer or lessee keeper

Post your appeal by royal mail , with a free certificate of posting from the post office counter

Coupon-mad

There's another issue which is that when I go on APCOA's website to appeal I get the message below in italics, which is simply not true. There doesn't appear to be an e-mail that I can write to, only a postal address as an alternative.

You have already challenged this PCN/ECN and we replied on Wed, 30 Dec 2020. You cannot challenge twice.  

Send it by post at a PO (keep a certificate of posting - free, and NO using 'signed for' and please don't ask why not). 

You know NOT TO USE THE BLUE WRITING TEMPLATE, and instead to use the hirer on lower down the sticky?

Then email a complaint to the BPA, telling them that APCOA's system seems to have taken Enterprise's Transfer of Liability as an appeal and blocked you, the hirer/lessee, from appealing, as is your right.  Clearly this goes against the BPA CoP that makes it clear that keepers, hirers and drivers can appeal, especially as no appeal has been lodged yet. Tell them you have had to post your appeal but this cannot be right and is a breach of the CoP to stop a hirer from appealing, once named. The system needs changing otherwise no named hirers (or even drivers) can appeal.

Do NOT imply who was driving, obviously!  That's what wins the case.

kramkram

Thanks Redx and CM. All clear.
Yes I was going to adapt the template from Edna Basher for the hire car situation.
Will update once I hear back.

Redx

your appeal will be rejected so start boning up on a hire/lease popla appeal, by reading other recent ones on here

dont forget the BPA AOS complaint AS WELL , both are important

1505grandad

What was the "violation"?  -  has Plan A been exhausted?

kramkram

Dear all,
Thanks for your help so far. Today I received an email from BPA/AOS on the complaint.

'I have investigated your complaint with the Operator and can advise as follows. Unfortunately as it is more than 28 days since the PCN was issued to the hire company, the website advised an appeal was not possible. I have requested APCOA to look into this issue as you were in time to appeal the charge. 

In the meantime, APCOA have asked you to send your appeal to the following email address. Once the appeal is received, APCOA will review and send a formal response. 

In view of the above, I have closed the case.'

I informed BPA that I'd already posted my appeal on 11 January 2021 but they have asked me to still email a copy so that 'your appeal is received and logged against your case'. It was a hand written letter but I do have photographs of this. Is there any reason not to send a copy as surely my postal appeal stands?

Redx

Email it as well and attach a copy of the picture of the postal appeal , so you have complied with the reply

nosferatu1001

Of course no reason not to email it. 

D_P_Dance

It is not a traffic violation, it is an invoice from a scammer for damages foe an alleged breach of contract.  A completely different matter.  It is neither a fine nor a penalty please do not use those words in correspondence with the hire company. 

What does the contract with them say about PCNS  form PPCs?  It is unlikely that they are entitled to charge you for receiving these.

Get you MP on board, and if appropriate, complain to Trading Standards, there is a protocol in place for  hire companies to deal eith PPCs whire they do not appear to have followed.