Multiple Parking Charge Notices for Missed Payment

pablowhale

Good Afternoon, I have been parking in an APCOA car park for three years, and having booked my parking through Ring-Go, always received a notification the night before my parking expires as a reminder to book parking. I recently realised that I hadn't received a reminder, and by the time I checked, three weeks had passed by since my parking had expired and I had visited the car park on 13-14 different occasions. The vehicle is leased but I believe that I am still the registered keeper. Yesterday I received 3 "Parking Charge Notice" to the registered keeper, 39/38/37 days after the first offence occurred. I cannot see that it refers to the "Protection of Freedom's Act" anywhere which I believe gives them 56 days to issue a notice?

I have no grounds for appealing the PCN's as I was actually parked on the instances in question without paying. But it feels extremely unfair to be fined between £700 and £1190 for a genuine mistake, especially when I have an exemplary history of always paying for parking. 

Is there any advice that can be applied here? 
Are each of the PCN's treated on an individual basis or will accumulation of offences be taken into account. Can an appeal be made for reduction of fine based on previous experience?
Are the PCN's invalid having been issued past 14 days?

Coupon-mad

You do have grounds!  Easy win!

Just use the template appeal by EdnaBasher near the bottom of the first post of the NEWBIES thread.

Can't lose, as long as you DON'T tick driver.

Such a simple case to win them all - 100% slam dunk 'guaranteed' to win at POPLA.

All APCOA PCNs are beatable.

Do separate online appeals for each & every one and DON'T tick 'I was the driver' and DON'T add any sentences of your own about what happened.

Le_Kirk

Looks to me like a failure of the Ring-Go system! How can you be responsible for that?

KeithP

pablowhale said:

Good Afternoon, I have been parking in an APCOA car park for three years...

Crikey... is that an overstay of two years and three hundred and sixty four days?  

pablowhale

Coupon-mad said:

You do have grounds!  Easy win!

Just use the template appeal by EdnaBasher near the bottom of the first post of the NEWBIES thread.

Can't lose, as long as you DON'T tick driver.

Such a simple case to win them all - 100% slam dunk 'guaranteed' to win at POPLA.

All APCOA PCNs are beatable.

Do separate online appeals for each & every one and DON'T tick 'I was the driver' and DON'T add any sentences of your own about what happened.

Hi, thanks for your help. I was of the understanding that EdnaBasher's templates were in the instance of company hire, where as the lease on this vehicle is a private hire. 

Can you please explain on what basis this is a guaranteed win?

pablowhale

Le_Kirk said:

Looks to me like a failure of the Ring-Go system! How can you be responsible for that?

I did think that too, but thought the response would be something along the lines of Ring-Go accept no responsibility for sending alerts and APCOA will state that I have chosen to use a third party payment application which is not their fault

Coupon-mad

Guaranteed win due to the reasons already explained in EdnaBasher's template appeal, which identifies the POFA omission.

Obviously you don't use the version written by 'ABC company'. There are two there.

pablowhale

Coupon-mad said:

Guaranteed win due to the reasons already explained in EdnaBasher's template appeal, which identifies the POFA omission.

Obviously you don't use the version written by 'ABC company'. There are two there.

Is this the template appeal?

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Highview’s Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that Highview has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.


Yours faithfully,

[Insert squiggle as signature]

Coupon-mad

Of course, except yours isn't Highview.  You can see why it's non-POFA from that appeal's rationale.

pablowhale

Coupon-mad said:

Of course, except yours isn't Highview.  You can see why it's non-POFA from that appeal's rationale.

Thanks for your help, can you please explain why this is non-POFA?

Also, when should I submit my appeal, as I have only received 3 out of a potential 14 tickets, should I wait as long as possible, in case they change the wording on the other tickets based on these appeals?

Umkomaas

Appeal each ticket individually as they turn up. You can't do a single appeal covering all/multiple tickets. 

Thanks for your help, can you please explain why this is non-POFA?

Because APCOA never invoke keeper liability via PoFA. Period.

But, if you don't believe us, check their NtK against the requirements of the Act, particularly para 9, for yourself.  You need to get to understand all of this guff.

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted