APCOA PCN- Railway Station

AFriendlyTree

Hi I'm looking for some advice on challenging a PCN Notice to the registered Keeper. The alleged offence occurred on the 18th November and the letter was received on the 9th December, with the date of issue being the 3rd of December. Which if I understand POFA 2012 correctly means that for it to have been served within the 14 days the latest date for the date of issue to be is the 1st of December.

I need advice on the initial appeal to APCOA, is it worth saying at this stage that the notice to keeper does not meet the necessary requirement of POFA 2012, that I am not the driver and as such am appealing?

Browntoa

Have you read the newbies thread on this section ? 

It covers all this 

Redx

As above , newbies FAQ sticky thread near the top of the forum in announcements , and same keeper advice as in this thread

https://forums.moneysavingexpert.com/discussion/6318712/apcoa-parking-charge-notice/p1

Nk blabbing about who was driving

AFriendlyTree

I've read through it but I'm not confident with this sort of thing and just want to make sure I'm not making any mistakes. I also wasn't sure if the RK letter was worth mentioning

So the suggestion is to start with this template letter?

Re PCN number:

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.

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


Then follow up with the Registered Keeper letter stuff if/when they reject the appeal?

Thank you for helping

Redx

Yes , appeal as keeper , no revealing who was driving , using the blue text template by coupon mad , no changes

That will be rejected , so the second stage is Popla , no keeper liability

AFriendlyTree

Okay, Thank you

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/78814778/#Comment_78814778

You can't lose if you word the POPLA appeal right.  See above, exact same.

AFriendlyTree

Hi

Should I add the POFA non-compliance on the appeal to APCOA as mentioned in the linked thread?

My appeal notice at present:

Re PCN number: xxx

 

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.

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

Furthermore, the PCN xxx is not compliant with the Protection Of Freedoms Act 2012. The Parking Charge Notice served on the xxxth of MONTH is a notice to the registered keeper of the vehicle. For the notice to the registered keeper to be compliant it must satisfy all requirements of paragraph 9, Schedule 4, of the Protection of Freedoms Act 2012. Notably it must be served within 14 days of the alleged offence, with the day of the alleged offence being day 0. The notice identifies the date of the alleged offence to be the xxxth of MONTH, and as such the latest date to which the notice to keeper could be served was the xxxrd of MONTH. The notice was received on the xxxth of MONTH; 6 days later than the 14-day limit. As the notice itself states the date of issue was the xxxrd of MONTH and as such the earliest it could have arrived with myself the keeper of the vehicle was the xxxth of MONTH. In addition to this the notice does not state the period for which the vehicle is alleged to have parked, again required to satisfy paragraph 9, schedule 4 of the Protection of Freedoms Act 2012. As such there is no Keeper Liability.

 

Regards

-Name-

Umkomaas

Looks ok, but I'd shorten the final PoFA paragraph. Just tell them their Notice to Keeper fails to meet the strict requirements of the Protection of Freedoms Act 2012 (Schedule 4) to hold you as the registered keeper liable for the charge.  No need to explain the ins and outs of the elephant's backside to them!

That's it, they know the score, they've been told this endless number of times, they should cancel pretty quickly, they usually do.

Le_Kirk

.......... and it is not an offence (alleged or otherwise) it is an event or possibly an incident.

Old_Slobberchops

Umkomaas said:

Looks ok, but I'd shorten the final PoFA paragraph. Just tell them their Notice to Keeper fails to meet the strict requirements of the Protection of Freedoms Act 2012 (Schedule 4) to hold you as the registered keeper liable for the charge.  No need to explain the ins and outs of the elephant's backside to them!

I'd suggest leaving in a single comment about it failing to be given within 14 days as set out in Par 9.5. Some companies will cancel these outright and save the faff of going through POPLA if they see you are on the ball with PoFA.