ACPOA Guildford Railway Station

GlengoyneMortlach

I'm appealing a PARKING Charge Notice from ACPOA at Guildford Railway Station as the RK of the vehicle concerned.
A PCN was attached to the vehicle for parking in a 'Restricted Area' despite it being within the confines of a marked bay. Recently, the station car park got rid of its entire allocation of motorbike parking and bikes have been parking in a couple of parking spaces for weeks now, suddenly they got ticketed. Parking attendants have previously directed bike riders to park in these very spaces.
Am I right in thinking the correct course of action would be

• Appeal on the 26th day with the blue text appeal
• Wait for the ineveitble rejection 
• Appeal through POPLA using incorrect signage/POFA/Railway bylaws having never named the driver throughout the process

Am I right in thinking because railway bylaws apply in this case it is the TOC that has to get this in front of a magistrate within six months and ACPOA have no real power?

Thanks

Coupon-mad

• Appeal through POPLA using incorrect signage/POFA/Railway bylaws having never named the driver throughout the process

Yes to your sequence ending in the above, plus you would be saying that no Notice to Keeper was served, and thus, there can be no keeper liability anyway, even if it had not been non-relevant land (which it is). I suspect APCOA will cancel when they see the template appeal.

Am I right in thinking because railway bylaws apply in this case it is the TOC that has to get this in front of a magistrate within six months and ACPOA have no real power?

Nope, they haven't issued a penalty under byelaws.  It's a bog standard parking charge notice that can go on for 6 years but it'll be killed off on appeal.

D_P_Dance

Is this not covered by bye-laws?  Have you read the newbies?  Have you complained to your MP?

GlengoyneMortlach

D_P_Dance said:

Is this not covered by bye-laws?  Have you read the newbies?  Have you complained to your MP?

Yes and yes, will complain once the matter is settled.

D_P_Dance

Complaining may help to settle the matter.  

GlengoyneMortlach

Today is the day for the first appeal, this is my suggested reply, there is a slight edit to the blue text

Re PCN number XXXXXXXXX

The PCN states "PARKED WITHIN A RESTRICTED AREA". Your own photos show the vehicle parked within a marked bay.

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

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 an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

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.

Joe Bloggs
1 The Street
SomeTown
UK

Umkomaas

I'd add a final few sentences:

'As your Notice to Keeper fails to comply with the Protection of Freedoms Act 2012 (Schedule 4) para 9(2)(f), no liability can be placed on me, the vehicle's registered keeper.  I am under no obligation to identify the driver, and will not be doing so.  I expect you to write to confirm cancellation of this charge, however, should you fail to do so, I will be lodging complaints about your conduct with the DVLA, the BPA and my Member of Parliament'. 

GlengoyneMortlach

Does the PCN stuck to the bike form a NTK?

Le_Kirk

GlengoyneMortlach said:

Does the PCN stuck to the bike form a NTK?

I would suggest that is a notice to driver.

GlengoyneMortlach

That's what I guessed but I'm only going by what I have read in the newbies thread so am far from an expert. Part of my POPLA appeal was going to be no NTK served so wasn't planning on playing that card yet.

Umkomaas

OK. I'd wait for the NtK to come in the post. Usually the 'appeal at day 26' is for those PPCs who would otherwise be PoFA-compliant, to head them off from getting keeper data from the DVLA, therefore no NtK - which would then be a PoFA fail as you've rightly ascertained from the NEWBIES FAQ (nicely done 👍). 

But as we know APCOA's NtKs are not PoFA-compliant, there's no advantage in playing the day 26 card. Let them pay the DVLA for your details, allow the NtK to arrive, then hit them with the appeal as above.