APCOA ANPR (Tesco) question about plan A and B template

brutal_deluxe

Hi All,

So I received a NTK for an alleged overstay (15 minutes) of a free 1 hour stay at Tesco. (Receipt and machine validation required after that)

Happy to use the blue generic template but just have a few questions - 

1/ The PCN doesn't appear to be a vague template and there is an explanation of the allegation (overstay of 15 minutes as recorded by ANPR)
2/ Will be it be too obvious that the appeal is a generic template of which they'll just tell me to get lost and go to POPLA if I want to appeal? Therefore is it a potential waste of an appeal without tweaking the template?

I couldn't find any similar winning appeals in the forum so any tips appreciated and I'll be on my merry way!

Thanks

BD

Coupon-mad

APCOA will give up as soon as they see the template.  A keeper can't lose as that is a vague template and it's non POFA.

Dead easy one, no need to worry.t. No one has ever lost v APCOA!

KeithP

brutal_deluxe said:

2/ Will be it be too obvious that the appeal is a generic template of which they'll just tell me to get lost and go to POPLA if I want to appeal? Therefore is it a potential waste of an appeal without tweaking the template?

One intention of the template appeal is that the parking company will actually recognise it as coming from MSE forums and either place that PCN in the 'too difficult' pile or accept the appeal.

Another view is that a PPC will reject the appeal anyway - there is no money in accepting appeals - and may not even read the appeal, so it doesn't matter what that appeal actually says.

You best hope is that the appeal does get rejected and then you can move on to a substantive appeal to PoPLA.

brutal_deluxe said:

I couldn't find any similar winning appeals in the forum so any tips appreciated and I'll be on my merry way!

...which goes some way to proving the point... there are very very few winning first appeals.

Coupon-mad

Except v APCOA!

brutal_deluxe

So firing this off.. I added a bit about the ANPR because this has added weight in the past and there is genuine cited reason to believe they aren't accurate...

Just a thumbs up or acknowledgement would be great thanks!

Dear Sirs

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 to your client landowner Tesco.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, please provide 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 parked vehicle. It is also suspected that the ANPR system is unreliable and neither synchronised nor accurate therefore evidence is required of the contrary.

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.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by Tesco.

Coupon-mad

I'd be adding the usual thing seen in all other APCOA appeal threads (have you read some yet?  You should!) about you knowing this is non-POFA, so they can't win at POPLA.

Never mind irrelevant stuff about ANPR!

brutal_deluxe

Thanks! I didn't think it necessary to include details about POFA but how's this:

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 to your client landowner Tesco.

I am unable to disclose who was driving and no assumptions can be drawn. Since your PCN is a vague template, please providean 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 parked vehicle. 

'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. Please 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 local Member of Parliament'. 

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.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by Tesco.

Regards

PS Is this relevant or not on the back? Does it affect POFA?

D_P_Dance

Have you complained to you MP?   

Redx

Seems ok to me

Apcoa never comply with POFA , so cannot hold a keeper liable , no matter what the circumstances !

If they reject it and issue a Popla code , then a typical Popla appeal based on POFA , signage and no landowner authority will suffice and Apcoa are likely to offer no contest

As for winning appeals that include Apcoa , there are scores of them on this forum , going back 9 years !

Ditto for Highview Parking and a few others who never comply with POFA

Fruitcake

That looks okay to me, but what happened when you complained to the store manager/CEO?

Do ensure that you complain to your MP.

brutal_deluxe

Fruitcake said:

That looks okay to me, but what happened when you complained to the store manager/CEO?

Do ensure that you complain to your MP.

The store basically said not their problem and take it up with ACPOA