Help with APCOA appeal wording

jumieo5

Okay. I will appeal as suggested in your post above.

Fruitcake

Post your draft here for checking before you submit it.

KeithP

The opening post of the NEWBIES thread offers guidance on exactly when to appeal when a windscreen ticket has been issued, but this has to be tempered with @Fruitcake's comment about hooking it away from the lease company.

jumieo5

Many thanks All for pointing me in the right direction of the template to be used.
Please see my draft below for your feedback. I have also sent a separate email to the leasing company so they do not pay APCOA.

Dear Sir/Madam

Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions 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. I believe that the site is not relevant land and APCOA cannot hold the keeper or hirer/lessee liable for the charge.

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,

 

Fruitcake

What have Highview got to do with anything?
You haven't received a notice to hirer.

jumieo5

Many thanks for your feedback. Is it okay if i remove those two lines and replace with the below.

There are a number of reasons why APCOA’s PCN 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. I believe that the site is not relevant land and APCOA cannot hold the keeper or hirer/lessee liable for the charge.

Coupon-mad

No, just send the ordinary blue writing appeal from the NEWBIES thread, which deliberately doesn't tip them off that the car is hired.

Do not tick 'driver' obviously.

There is only one blue writing appeal template in the NEWBIES thread so no posting it here, please, asking if it's the right one.

jumieo5

Coupon-mad thanks for your feedback. Just to clarify, are you saying to revert to the appeal format in my first post? 
Apologies if it is an obvious question, just want to make sure I get it right.

jumieo5

Thanks All for your help. I have now sent my appeal and will update the thread when I hear back. 

towills

jumieo5 said:

Thanks All for your help. I have now sent my appeal and will update the thread when I hear back. 

did they drop the charges? or offer you POPLA code?