Apcoa parking charge notice

wazfaz

Hi All,

I have read the newbies thread just wanted to clarify some things.

I have received a notice to the registered keeper for a PCN, it was issued on 02/12/2021. The car was parked in a private hospital on 17/11/2021. There is no mention of POFA at the back of the notice.

Payment was made via the Apcoa App and there is a vat receipt for this. The app automatically generates the payment amount as it takes information from the ANPR cameras at the car park. 

In this instance the duration of parking was incorrect but this was not manually input by the driver. 

I am wondering if this is worth explaining to Apcoa in the first instance without identifying the driver? 

Or if I should go straight to sending the one size fits all appeal?

Thank you.

A

Le_Kirk

If it was a true hospital car park have you complained to PALS to get it cancelled as their equipment or their agents equipment failed!

D_P_Dance

If there is no mention of Pofa and they do not know who the driver was they are powerless to act against the RK.  Appeal not  Pofa compliand and complain  to your MP   They invariably do not comtest PoPLA appeals when the mptorrist raise this issue.  

wazfaz

It is a private hospital not NHS so I'm not sure PALS applies. I could speak to the hospital directly to see if they cancel it.

If that does not work, I will appeal. If I appeal shall I explain the issue with the app (without identifying driver) or just use the standard appeal from this forum and add that it's not POFA compliant?

Thanks again 

D_P_Dance

If the PCN is not pofa compliant it does not matter what you say, they have no hope of winning a court claim.  

wazfaz

Just in case I have missed something , this is the back of the notice. No mention of POFA. 

KeithP

wazfaz said:

I have received a notice to the registered keeper for a PCN, it was issued on 02/12/2021. The car was parked in a private hospital on 17/11/2021. There is no mention of POFA at the back of the notice.

There doesn't have to be specific mention of 'POFA' on a PCN for it to be POFA compliant. 
It just has to comply with POFA schedule 4.

Para 9 of Sch4 of POFA states that the NTK must be delivered to the Keeper within fourteen days of the parking event - the parking event being day zero.

17th November plus fourteen days gives us 1st December.

As the PCN was issued on 2nd December, the earliest it could arrive with the keeper, allowing two days for delivery and discounting non-working days, is Monday 6th December. Five days too late.

wazfaz

@KeithP thank you for explaining that so clearly using the dates! 

Shall I add that along with the "one size fits all" appeal on the newbies section of the forum? 

Redx

wazfaz said:

@KeithP thank you for explaining that so clearly using the dates! 

Shall I add that along with the "one size fits all" appeal on the newbies section of the forum? 

Yes , why not ?

But no blabbing about who was driving , POFA is a voluntary law thy can use to hold a keeper liable , so failure to comply with POFA means no keeper liability. So that is your stance , nothing to do with what happened on the day

Explain nothing !

wazfaz

Thanks so much everyone for replying.

I will visit the hospital tomorrow and if no luck will send the appeal to Apcoa. Will update on what happens 

wazfaz

The hospital said they cannot do anything and lots of people were getting fines and it’s not a good parking system  
I have appealed using the template and adding in the issues with late delivery of NTK. I was very tempted to add an explanation of what happened to “the driver” on the day but decided to follow your advice @Redx and explain nothing