Parking Fine - APCOA PCN - Broadway Plaza (Odeon Cinema)

rdw_06

PLEASE HELP ME.

Firstly, I would like to apologize if I am posting/creating this thread incorrectly, but I feel a bit overwhelmed, under pressure and have found it a bit hard to navigate through the site, read all the threads and to find the correct information under my son and his friends circumstances.  I would just like to know if the law is up to date, given the date of older threads I have seen with similar issues.  

This request is for help and guidance for information that relates to 2 separate letters received by my son and his friend for the same date (first letter NtK).

My son and a group of friends attended the Odeon Cinema (Broadway Plaza) on the 9th January 2022.  There were 2 vehicles involved, my son and his friend's car who have since received tickets in the post (NtK) from APCOA, with the date of issue 7th March 2022.  They were advised the  staff at the cinema that parking is for 3 hours at the complex if they use the facilities.  After watching the movie, before leaving the building they entered their car registration details into the validating parking machine situated in the foyer and left the car park.

Upon seeing the letter you can hardly see the times stamped on the photos, as the print is that small and I had to take a photo of the image to enlarge it on my phone, but from what I can make out they were within the 3 hours time frame.  We have proof of purchase/transactions for tickets to the cinema.  

The problem now is that the letter was only received by my son on the 31st March.  However, the issue date on the letter is 7th March.  This has not allowed him time to even look into this or challenging the ticket.  He and myself have since been back to the cinema to speak with the manager there to ask them to get this cancelled, to which they have stated he needs to contact the onsite ticket office, which I have done and they gave me the number to contact the APCOA customer service, but no one seems to answers the phone.

Under these circumstances, are my son and his friend out of the time frame for challenging this PCN and what is the best approach for dealing with this now at this stage.  I would be grateful for any advice, links, email addresses, templates for drafting any letters in order to address this matter and getting this cancelled.

Your help and advice would be very much appreciated.

Kind regards,





  

Coupon-mad

Put in the template appeal NOW, today. Appeals normally allow 28 days plus a few for postage.

DO NOT PHONE and DO NOT write an appeal as driver, talking all about the story of what happened.  No saying who parked.

1505grandad

"......in the post (NtK) from APCOA, with the date of issue 7th March 2022."

What was the date of the actual parking event?

rdw_06

Coupon-mad said:

Put in the template appeal NOW, today. Appeals normally allow 28 days plus a few for postage.

DO NOT PHONE and DO NOT write an appeal as driver, talking all about the story of what happened.  No saying who parked.

Hi Coupon-mad, 

Thank you for your quick response.  Is there a template you can link me to that will provide me with the sort of things I should write without revealing the driver.

Thanks 

rdw_06

1505grandad said:

"......in the post (NtK) from APCOA, with the date of issue 7th March 2022."

What was the date of the actual parking event?

Hi 1505grandad, 

Thank you for your quick response.

The date of the actual event was on 9th January 2022.

Thanks

Umkomaas

The template (in blue text) is in the NEWBIES FAQ Announcement, first post. Use that with the following added paragraph:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

The NtK had to be delivered (given) by day 14 from the date following the parking event. As it was not (09/01 - 07/03) APCOA cannot hold the keeper liable for the charge using the auspices of the Protection of Freedoms Act 2012 (Schedule 4). 

The appeal must be sent in the name of the person whose name appears on the NtK, unless it's in your name, you cannot do it 'on behalf' of anyone. That will mess things up, so if it's your son whose name is on the NtK - get him to do it!

APCOA will either cancel there and then, or the charge can be successfully appealed at POPLA. 

Coupon-mad

rdw_06 said:

Coupon-mad said:

Put in the template appeal NOW, today. Appeals normally allow 28 days plus a few for postage.

DO NOT PHONE and DO NOT write an appeal as driver, talking all about the story of what happened.  No saying who parked.

Hi Coupon-mad, 

Thank you for your quick response.  Is there a template you can link me to that will provide me with the sort of things I should write without revealing the driver.

Thanks 

My signature already does tell you how to get there.  It's under every post I make, to avoid hundreds of threads by encouraging new posters read it before posting.  No threads are needed about APCOA PCNs because they are so easy.

Read the words below:

rdw_06

rdw_06 said:

Coupon-mad said:

Put in the template appeal NOW, today. Appeals normally allow 28 days plus a few for postage.

DO NOT PHONE and DO NOT write an appeal as driver, talking all about the story of what happened.  No saying who parked.

Hi Coupon-mad, 

Thank you for your quick response.  Is there a template you can link me to that will provide me with the sort of things I should write without revealing the driver.

Thanks 

Thank you coupon-mad, sorry as a newbie, I was struggling to navigate from one screen to the other and find my way back.  I am getting there though.  I will soon be a wizkid at this :-) 

rdw_06

Umkomaas said:

The template (in blue text) is in the NEWBIES FAQ Announcement, first post. Use that with the following added paragraph:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

The NtK had to be delivered (given) by day 14 from the date following the parking event. As it was not (09/01 - 07/03) APCOA cannot hold the keeper liable for the charge using the auspices of the Protection of Freedoms Act 2012 (Schedule 4). 

The appeal must be sent in the name of the person whose name appears on the NtK, unless it's in your name, you cannot do it 'on behalf' of anyone. That will mess things up, so if it's your son whose name is on the NtK - get him to do it!

APCOA will either cancel there and then, or the charge can be successfully appealed at POPLA. 

Hi Umkomaas,

Thank you for your quick response.

Please see below draft.  I will get my son and his friend to respond to their letters separately and complete the necessary details online. 

Is this draft ok so far?  Should I get them to also attach a copy of the transaction/receipts for the cinema, which were purchased in my name and should this be mentioned re: receipts in the body of the letter?

Thanks 

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.

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver.  As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

The NtK had to be delivered (given) by day 14 from the date following the parking event.  As it was not (09/01 - 07/03) APCOA cannot hold the keeper liable for the charge using the auspices of the Protection of Freedoms Act 2012 (Schedule 4). 

Coupon-mad

That's fine.  As they are possibly late make sure that goes in NOW, today.

rdw_06

Thank you to all who have helped me with this, I can now confirm both my son and his friend have now received confirmation that the tickets have been cancelled.  They both say thank you and are very grateful for your input.  Best regards,