APCOA ZZPS QDR - Railway Byelaws

allmuddled

Hi All,

I'm looking for some advice (or moreover, possible next steps).

So far, following has happened:

1. Received "Penalty Charge" from APCOA. Threat to enforce via Magistrates court in Private criminal prosecution.

I basically told them that the vehicle owner was not liable to pay since only a Magistrates court can enforce the breach of the Railway byelaws ( FOI/F0013227,  Byelaw 24(4) , Local Government Act 1972 (Byelaws 237A) (4))

2. APCOA never responded to my appeal and never sent me a POPLA code (Although later showed evidence they had)... surprise surprise, it never arrived in the post though.

3. APCOA passed to ZZPS - similar threats of private criminal..

4. ZZPS passed to QDR (now 7 months later) - same old same old.. Private criminal magistrates court threats..

5. I kindly reminded QDR that they are past the statute of limitations for a private criminal charge, and all of a sudden, i'm now being chased for a "Parking Charge Notice" and threat of CCJ.

6. Have repeatedly asked QDR why they have inexplicably changed from a "Penalty Charge" under Magistrates court threat, to suddenly talking about a "Parking Charge Noticed" under threat of a CCJ.

Last response from QDR simply said they felt they had explained their clients (APCOA/ZZPS) situation and would no longer be willing to respond to my questions.

Question is: Are other people seeing "PNs" (private criminal, magistrates) turning into "PCNs" (civil, CCJ) etc?  And are CCJ's actually being applied for in this context, considering I have *not* actually recieved any "PCN" and no Magistrates court has issued a penalty for the breach of the byelaws..?

allmuddled

I forgot to add, it was a Penalty Notice for parking in a railway car park without having a valid ticket.

The reason for not holding a valid ticket at the time is not something I couldn't reasonably argue, but I was prepared to go to the Magistrates Court and would have been happy paying the courts if they found me in breach of the said byelaws.

APCOA/ZZPS never took the action to initiate a private criminal charge. Only 7 months on did QDR threaten the same thing (outside of the statute of limitations) and then suddenly change this to a "Parking Charge Notice" and start threatening a CCJ.

QDR are now ignoring me.

Umkomaas

Complain to the BPA using your comprehensive descriptions above. Use the complaint portal on the website. 

Also complain to the DVLA as APCOA can't have two different bites of the cherry. 

ccrt@dvla.gov.uk (and)

KADOEservice.support@dvla.gov.uk - send complaint to both email addresses. 

allmuddled

Thanks. I did already complain to the DVLA, SRA, BPA, Trading Standards..  All pretty much seems to fall on deaf-ears.
I'm going to chase-up on the complaints now, though..

Grizebeck

They are just trying it on
What did the BPA

You shouldnt engage with qdr/zzps

Coupon-mad

Report APCOA and QDR to the DVLA and BPA for swapping from a penalty charge to a position now pretending it was a 'parking charge' under contract law.  It wasn't, and this penalty is statute barred.

This latest communication sets out to mislead the keeper regarding liability and about the nature of the charge.  This breaches the BPA CoP clause 14 'misrepresentation of authority' and the DVLA/BPA reminded AOS operators fairly recently that they MUST NOT muddy the waters between penalty charges (byelaws) and parking charges issued under contract.

Further, this recent demand from QDR breaches the current BPA CoP at
Appendix G
(Railway Byelaws)
paragraph 5.4 states:

"A penalty notice must not:

• Mention POFA 2012 (as this is not relevant and will confuse the owner about the situation in which they find themselves)
• Mention ParkingEye Vs Beavis (as this is not relevant and will confuse the owner about the situation in which they find themselves)
• Use the words “parking charge”, “parking charge notice”, ‘’Penalty Charge Notice’’ or “PCN” (as this is not relevant and will confuse the owner about the situation in which they find themselves)
• Refer to keeper or driver liability (as this is not relevant and will confuse the owner about the situation in which they find themselves)
• Say anything untrue or misleading."

It is indisputable that telling a keeper (after the Penalty Notice has become state barred after 6 months) that a Penalty Notice can morph into a parking charge notice and be pursued for 6 years under contract law is both untrue and misleading.

State all of the above and attach to your complaint a copy of the Penalty Notice and all the recent comms with QDR.

Can you show us those communications too, please?  Redact names/email addresses and your personal data/Penalty ref and your VRM. 

allmuddled

Thanks for the advice.  Are they likely to actually move to a CCJ at this point? Would the courts even issue the CCJ under this situation? I can't imagine they would.

Grizebeck

allmuddled said:

Thanks for the advice.  Are they likely to actually move to a CCJ at this point? Would the courts even issue the CCJ under this situation? I can't imagine they would.

Completely irrelevant as no one issues a CCJ like you state
What did the BPA say. A question you seem to have missed
You wont get a court claim

allmuddled

Writing to the DVLA and BPA again now. Will update if/when I get a response.

QDR have told me they wont be replying to my any more as I continue to pressure them to answer why they inexplicably changed from a PN to a PCN when I gently reminded them they were statute barred..

Grizebeck

allmuddled said:

Writing to the DVLA and BPA again now. Will update if/when I get a response.

QDR have told me they wont be replying to my any more as I continue to pressure them to answer why they inexplicably changed from a PN to a PCN when I gently reminded them they were statute barred..

They have form for doing this and have claimed (in an unknown court case) that they are allowed to do this

B789

Is this an instance where a counter claim would be worthwhile if the OP was up for it?