Strange APCOA Penalty Notice - please help.

Coupon-mad

You need to comment (briefly...2000 characters only) on the POPLA evidence within a week, without saying who was driving (so be careful of your 'I' or 'me').  State that this was a double visit. Once in the morning and one in the evening...I really hope you stated that in your appeal?  If you did, you can say that KNOWING what your appeal stated, APCOA have failed to rebut it by showing that they did any human checks of the ANPR captures to find or eliminate the 'orphan' images (the middle 'out' and 'in') and this is a known flaw of ANPR which can only be overcome by human checks.

You also need to reiterate 'no keeper liability' in your short last comments.

andrewfordays

The original appeal was the one approved earlier in the thread.  Unfortunately, we were unaware of the times as they were not included in their original notice, they didn't include times at all.

Is this going to lose us the appeal? There is still literally zero evidence of the car ever being in a car parking space as it was never there.

Coupon-mad

OK so at least spell it out that this was a double visit (WITHOUT implying who was driving) and that APCOA know this and have misleadingly showed the first 'in' and the last 'out', conveniently not bothering with any human checks to find out that the car in fact left around 5 minutes after the first entrance (having dropped off a passenger) and didn't return until xxpm to collect that passenger.  

Then add in that they have failed to show that any noticeboard displayed the byelaws (only contractual t&cs, which have nothing to do with penalties and can only ever lead to a PARKING charge notice). Thus, the driver(s), who visited twice and never parked nor overstayed the grace period, not only cannot have breached byelaw 14 but also cannot be bound by byelaws that were not displayed anywhere, going by the evidence.

Fruitcake

In addition to the above, send an SAR to APCOA, and specifically ask for all four images of your vehicle on each occasion.
If/when they fail to supply the first exit and second entry images, complain to the ICO separately about each failure to supply your data, and about each breach of the DPA 2015 and GDPR 2018 by unlawfully obtaining and processing your personal data. Separate complaints for each data breach.

Complain to the DVLA about their release (sale) of your personal data. Again, separate complaints for each data breach.

If/when they respond with whitewash, complain to the ICO. Note that the ICO are already investigating the DVLA for repeated data breaches, so all your complaints will help with this process.
Again, separate complaints for each breach.

Coupon-mad

Good idea!

andrewfordays

Hi again everyone.
We had two more updates today. the first is that another notice has been withdrawn, that's 3 now! Thank you again for all your help there.

The second is a bit more sinister, I have had a debt recovery letter for one of the fines which I thought was more than a little odd. 

When I went back through the detail of the exact fine the debt recovery was supposedly collecting for I noticed that APCOA had taken a slightly different approach to the other three appeals.  Instead of going through Popla they asked me to submit my evidence to them (which I did in the form of the letter approved here) and then they wrote to me saying that I had 14 days to provide evidence that the car wasn't in the car park.   I didn't do that as I assumed they were going to reject my appeal and give me a POPLA reference number so I could submit my appeal to them.  They didn't, instead, it seems they have not given me any opportunity to appeal through POPLA at all, upheld their fine, not told me, and then handed the account straight to a debt collector.

What's the play here?

Grizebeck

Ignore any debt recovery letters

andrewfordays

Understood, but i think I should be able to do something about them taking away my right to appeal via popla?

Grizebeck

Complain to the BPA if you wish but I wouldn't lose any sleep over it 

Coupon-mad

Complain to Sara Roberts, Head of AOS:

sara.r@britishparking.co.uk