APCOA Parking Ltd (UK) appeal

Chrisannesam

Hi all,
I know there are lots of chats on this and similar topics and I think I have read them all! Including the Newbies rules. 
My car was snapped entering and leaving Southampton Parkway railway parking on 22May2023. The driver was waiting in the vehicle for about 30 mins for someone to arrive on a delayed flight from the airport next door. A PCN was issue to me as keeper for £85 or £50 if I pay within 14 days. The PCN is dated 2June2023 but was delivered to me while on holiday 6-16 June. As I was on holiday I missed the cut off.

In various posts of this forum it appears that APCOA cannot legally issue a fine on Railway Assets. I basically used the template reply on the forum to appeal.
I have sent this reply online to their appeals website;
___________

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(s) 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.

The land is not considered to be “relevant land” under POPA 2012, you can only hold the driver liable. Please provide proof of your assertion that the keeper was driving.

Finally, you do not provide evidence of Landowner Authority. Please provide an unredacted copy to prove that you are legally able to issue a Penalty Notice.

I have attached a disabled parking permit in use at the time.

__________

I would appreciate any comments as to my appeal and if you think it worth continuing to POPLA assuming APCOA refuse my appeal. As I am in for the full £85 now anyway I would assume so.

Regards,

Chris

Umkomaas

Penalty or Parking Charge? There will be a different approach depending on which. 

Coupon-mad

It'll be a Penalty Notice which times out after 6 months.  Nothing will happen but the OP should go through the motions of POPLA appeal (losing doesn't matter) and should stop rushing!

The advice on all APCOA Railway threads clearly says to WAIT till day 28 at each appeal stage in order to string it out to get nearer to the 6 months.

The OP shouldn't have even appealed until 30th June, then the rejection letter would come in mid-July and the POPLA Appeal would have been lodged late August. Decision in September/October (losing as usual) but then ignore the £170 demand and laugh until the 6 months is up.

The OP is lucky it's only APCOA.

Never seek out a car park to wait for a passenger.  Car parks are NOT the place to park a car (whether you are sitting in it or not)  unless you read the signs and comply with the terms.

You can't get around Airport passenger pick up fees or short stay parking by effectively 'squatting' on land next door. 

Chrisannesam

Thanks for the replies. 
Yes it is a Parking Notice.
Yes I was a wally replying too quickly.
The driver could've been waiting for a train passenger rather than an airplane.  It's impossible to know.  

Umkomaas

Chrisannesam said:

Thanks for the replies. 
Yes it is a Parking Notice.
Yes I was a wally replying too quickly.
The driver could've been waiting for a train passenger rather than an airplane.  It's impossible to know.  

Hold on. If it is a 'Parking' Charge then it is a different approach to the one advised by @Coupon-mad above. Please check very carefully the letter you have from APCOA - is it headed up 'Parking' or 'Penalty' Notice.

Coupon-mad

Chrisannesam said:

Thanks for the replies. 
Yes it is a Parking Notice.

It's not, is it?  Penalty Notice.

Times out on six months! No worries.

Chrisannesam

Hi all.  Just to update you.  The attachment of a Disabled Parking Permit did the trick.  APCOA came back cancelling the fine.

Chrisannesam

And now I have to start over again! A different train station car park this time.  Thought I'd paid via the app but it didn't go through apparently...

Fruitcake

Chrisannesam said:

And now I have to start over again! A different train station car park this time.  Thought I'd paid via the app but it didn't go through apparently...

You know the drill.
Plan A is for the keeper to appeal to the landowner or train operator.
Plan B is to appeal as keeper adding that since the car par was a railway asset where byelaws apply the keeper cannot be held liable under the PoFA 2012 so the operator should cancel now to save themselves money.
This assumes it was a railway station car park not a car park near a railway station.

Was this APCOA again or a different operator such as NCP?
Was it a parking charge notice or a penalty charge notice?

If you need further help then I suggest you start a new thread.

Chrisannesam

Hi Fruitcake, thanks for the reply.
Yes, it is APCOA again.
Yes, it is a railway station carpark.
It is a Penalty Notice.
Thanks.

Umkomaas

Yes, it is APCOA again

It is a Penalty Notice

Then drag it out for 6 months without identifying the driver, after which any APCOA interest is extinguished. Run everything they require of you (like their 28-days for appeal), before you reply. Once they've rejected your appeal, go back to them and ask some banal question of them, when they answer, string it out for 14 days before responding, then query their answer, keep doing it until you time them out.