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Hull Royal APCOA Notice to Keeper

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The car had been parked in order for someone to visit my wife who had given birth less than 24hours earlier.  According to hospital parking guidence I do not think this instance would be covered.  A yellow sticky notice was placed on the car, they have sent me, the keeper, photo proof of this and of signage. The event occurred 28/11/2021, notice issued 24/1/2022 allowing 2 days delivery this is 2days late of the 57 days stated in the sticky. 

I have read the noobie sticky and this is what I understand.

I should first complain to the hospital facilities manger and then PALS. I have seen a very personal complaint used in the sticky but isn't this admitting who was driving? (I cant post links but it was Couponmad's post in pepipoo to the manager of best western and by searching PALS letter I found Kshah786 who was advised to be detailed about a disabled relative.)


Failing this being over turned, I will then use the blue sticky complaint to APCOA unaltered even though they have already included some photos because I am unsure that they are all of the photos taken. 

Please can you advise on my letter to the facilities manager which is below:

I am forced to make an official complaint after having received a predatory and ‘mimic’ parking ticket from APCOA who are intimidating and upsetting in the form a Notice to Keeper.

 As the registered keeper I have received the fine but make no admittance to who was driving at this time.  APCOA are making presumptive accusations and attempting to bully me into paying a ‘made up’ fine which is a lot of money to me and my family.

 Further to their bully tactics they have contravened governing legislation. The Notice to Keeper, should arrive between 29 and 57 days of the event. The event occurred on the 28/11/2021 and issued on the 24/1/2022 – that is 57 days, and then allowing 2 days for postage and delivery it has arrived too late therefore there is no keeper liability

 I have researched the matter and intend to escalate my challenge against APCOA to the independent stage (Parking on Private Land Appeals). However, I am giving Hull Royal the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are alienating genuine clients, who are likely already enduring a great deal of stress by visiting the hospital, due to APCOA zero-tolerance policy.

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 30 January 2022 at 11:51AM
    Apcoa typically fail POFA , so no keeper liability

    Yes complain to the hospital , personally I would start with PALS , then the facilities manager , no need to admit who was driving , use words like

    We visited a patient , or

    The driver visited a patient , or

    My vehicle was used to visit a patient

    Nothing difficult in keeping the drivers identity a secret , just a choice of words

    I would concentrate on why the trust should cancel the PCN , not on the appeal aspect , that is why you appeal to Apcoa , as keeper , no blabbing about who was driving , pointing out that they have failed POFA

    Appeal to Apcoa by day 25 , as keeper

  • I am struggling to make sense of your last sentence, sorry.

    Should I alter my draft to include something like, The Trust should overturn this charge as the vehicle was used to visit a paitent but APCOA have failed POFA by issuing the notice to keeper too late.

    Or do you mean my letter to the hospital should be a more personal account pulling on heart strings using the details of the birth ect and save POFA for my APCOA direct appeal.

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 30 January 2022 at 12:08PM
    vikingdog said:

    I am struggling to make sense of your last sentence, sorry.

    Should I alter my draft to include something like, The Trust should overturn this charge as the vehicle was used to visit a paitent but APCOA have failed POFA by issuing the notice to keeper too late.

    Or do you mean my letter to the hospital should be a more personal account pulling on heart strings using the details of the birth ect and save POFA for my APCOA direct appeal.

    The latter , it should be about why the vehicle was on patient business and so should have the PCN cancelled , not the technicalities of POFA compliance or the laws of the land , leave those for Apcoa to chew over in the initial appeal as keeper , plus any subsequent keeper appeal to Popla

    You are not trying to bamboozle Pals or the facilities manager , you will bamboozle Apcoa 

    But in every communication , do not infer who was driving , do not use foolish words that identify the driver , use words that say little or nothing about the actual identity of the driver , but get the point across
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
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    Read this 

    https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

    Have they compliee?  Please read the newbies and other NHS threads and complaon to PALS and your MP
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
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    edited 30 January 2022 at 12:54PM
    Just add a sentence to your initial appeal to the effect that as APCOA's Notice to Keeper does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4) they cannot hold you, as the Registered Keeper, liable for the charge. 

    APCOA will cancel it. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,228 Forumite
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    Agree with all the above.  An easy one!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • vikingdog
    vikingdog Posts: 7 Forumite
    First Anniversary First Post
    What with the baby (and being generally unorganised) I have only just gotten around to emailing PALS this morning. The impetus for this was receiving a unpaid debt reminder notice from CST Law.  :s   :#

     
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    The keeper should send a late appeal by post to APCOA, with the added line that the NTK was not PoFA compliant, and the keeper cannot be held liable so they should cancel now to save themselves money.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    vikingdog said:
    What with the baby (and being generally unorganised) I have only just gotten around to emailing PALS this morning. The impetus for this was receiving a unpaid debt reminder notice from CST Law.  :s   :#
    Six months on from the advice on how to get this easily cancelled (guaranteed) and you're no further forward. This would have been all over by last February. 

    Luckily it's benign APCOA pursuing you, had it been ParkingEye, you'd have been  defending a court claim! 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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