Help with APCOA appeal wording

jumieo5

Hello

My car has been parked at Bristol Temple Meads Long stay with a valid ticket purchased but the ticket was accidentally placed face down so a windscreen PCN was received from APCOA. Checking their website, can see the pictures of the ticket face down on the dashboard and looking to appeal this with a copy of the ticket purchased and the message below- Can you please help sense check.The car is leased so wanting to appeal ASAP.

Re PCN number XXXX:

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.The ticket attached was purchased by the driver who is elderly and appears not to have placed properly in the car. I appeal the parking charge as there parking is paid for the period and therefore no loss flowed from the driver’s alleged breach. 

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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,
XXX

Umkomaas

Was this a windscreen ticket stuck on by an APCOA patroller, or a postal notice?  If a postal notice, whose name is it in - yours or the lease company?  If yours, has the lease company formally transferred liability from them to you, or have they simply photocopied the APCOA letter they've received and sent it to you to deal with?

Don't send that appeal!

KeithP

Is this car park on land covered by railway byelaws?

jumieo5

It was a windscreen ticket stuck on by an APCOA patroller.  I do not believe it is covered by railway byelaws as the windscreen notice only makes reference to POPLA.

jumieo5

Is there any way for me to find out if the railway byelaws apply to the car park? I have been unable to find the details of who owns the car park but I assume it will be Network Rail.

Fruitcake

Any car park on railway land is covered by railway byelaws.

Of course APCOA haven't mentioned that railway byelaws apply, and the keeper can't be held liable. If they did that they would lose money. 

From memory, the long stay car park at Temple Meads is accessed from the station approach car park by turning left through an archway. Inside is part of the old Brunel station. If a motorist goes on through to outside, they are still on the site of the old station.



You need to appeal using the edna basher letter from the NEWBIES that is further down than the template in blue text. There are three but one is for fleet managers, so you want one of the other two.
Add a one liner that the site is not relevant land and APCOA cannot hold the keeper or hirer/lessee liable for the charge.

You should also tell your lease company that they must not pay parking charge notices from unregulated private parking companies but must follow the requirements of the PoFA by giving the PPC the hirer/lessee's details.
If they fail to do so, they will remain liable for any charges.

Grizebeck

Does it say penalty notice? If so its under byelaws. If it isnt then it is issued under contract.

KeithP

Through this entrance?...


[click the image to go to GoogleStreetView]

If that's the place then I would suggest that it is railway property and is subject to railway byelaws.

That in turn means that APCOA cannot use POFA2012 to transfer any driver's liability to the keeper.

jumieo5

I have gone in through this entrance but parked in the inner bit which is managed by APCOA.

Fruitcake

That's the old station concourse when the station was a terminus. It's still railway land and therefore covered by railway byelaws, but you must hook this away from the lease company before they do something stupid like paying it then charging you for the privilege.

jumieo5

Also attached copies of the PCN