Pcn apoca

devonlad

Hello everyone again. 
Another member of staff having received a pcn from apoca. Slightly different to other ones that I have asked for help 
This person has a staff travel pass and parked in the appropriate carpark. 
They did a shift from mid day till 8 am next day.
The pcn was issued via email (new one for me) and I guess it's because they registered for the travel pass. 
Anyway can't work out why they got the pcn. 

The driver has not submitted an appeal yet as I said not to and do not name the driver etc. 
Is this pofa compliant meaning can I cut and paste the non pofa template in an appeal saying they are the keeper but they don't have to say who was driving. 
Or as she is registered for the travel pass with her car will her appeal need to different as they have her work email and details as the driver associated with the pass. 

Edir. Pofa compliant 
It's there car registered to their company.
Exeter hospital

devonlad

Doesn't read well as very tired and doing this on small phone 

B789

What is "pofla"??? Do you mean PoFA or POPLA? What is the location? The location will have a bearing on how to appeal.

As you've left the company name and address visible, was this PCN issued to a company? Is it a leased car? We need more information in order to assist.

Fruitcake

Plan A is always for the keeper to complain to the landowner and their MP.

APCOA never use the PoFA so the keeper can never be liable. As yet they have never tried court. They make enough money not to bother with either, and I can't see that changing any time soon.

In other words, tell your colleague not to panic, and make sure they do not reveal the driver's identity.

The keeper should appeal using the template in blue, and add a one liner that since the NTK was not PoFA compliant the keeper can never be held liable so they should cancel now to save themselves money.

devonlad

Fruitcake said:

Plan A is always for the keeper to complain to the landowner and their MP.

APCOA never use the PoFA so the keeper can never be liable. As yet they have never tried court. They make enough money not to bother with either, and I can't see that changing any time soon.

In other words, tell your colleague not to panic, and make sure they do not reveal the driver's identity.

The keeper should appeal using the template in blue, and add a one liner that since the NTK was not PoFA compliant the keeper can never be held liable so they should cancel now to save themselves money.

So will get colleague to appeal with this,,

I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so. You cannot transfer the driver’s liability (if any) to me as you have not served me with a notice to keeper that complies with Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by PoFA paragraph 9(2)(f). 

I require you to cancel the parking charge and remove my personal information from your database..


The travel pass is a digital permit hence the pcn sent via email I guess. The car is leased! Through the nhs car scheme whilst the driver and keeper is an nhs worker. Wonder if that's why they sent pcn via email.
The pcn from June  you folk helped me with was sent out via postal pcn. 
Does it also help that no evidence of car being parked?

Last bit of info. With travel pass full time employees can park 3 days a week I think. Because they did nights x3 Mon, Tues and Weds it might be they got this pcn as they left Thurs morning.
Thanks 🙏

devonlad

Ok further update. The pcn was  issued to the car lease company hence why she received an email copy from them to her hospital email address. 

They have transferred liability to her and state so in their email. 
So I am guessing that as they transferred keeper liability to the colleague she will get a postal pcn shortly. 
I have just finished nights and will tidy up this thread later with more accurate information
Thanks 

fisherjim

Last bit of info. With travel pass full time employees can park 3 days a week I think. Because they did nights x3 Mon, Tues and Weds it might be they got this pcn as they left Thurs morning

Which is exactly why a complaint to the landowner, or in this case facilities management should always be tried first as their "scheme" is obviously flawed and biased against night shift workers.

Does it also help that no evidence of car being parked?

The parking scammers use anpr which only logs time and date in, time and date out, time on site is considered parking so the "no evidence of parking" argument is a red herring.

However their scamming system obviously in this case logs transitions across dates has logged 6 days instead of the 3 "shift" periods.

Exactly another reason why anpr is banned for use in council run car parks it just isn't fit for purpose.

Umkomaas

devonlad said:

Ok further update. The pcn was  issued to the car lease company hence why she received an email copy from them to her hospital email address. 

They have transferred liability to her and state so in their email. 
So I am guessing that as they transferred keeper liability to the colleague she will get a postal pcn shortly. 
I have just finished nights and will tidy up this thread later with more accurate information
Thanks 

She should do nothing until she receives the APCOA Notice to Hirer. 

devonlad said:

Hello everyone again. 
Another member of staff having received a pcn from apoca. Slightly different to other ones that I have asked for help 
This person has a staff travel pass and parked in the appropriate carpark. 
They did a shift from mid day till 8 am next day.
The pcn was issued via email (new one for me) and I guess it's because they registered for the travel pass. 
Anyway can't work out why they got the pcn. 

The driver has not submitted an appeal yet as I said not to and do not name the driver etc. 
Is this pofa compliant meaning can I cut and paste the non pofa template in an appeal saying they are the keeper but they don't have to say who was driving. 
Or as she is registered for the travel pass with her car will her appeal need to different as they have her work email and details as the driver associated with the pass. 

Edir. Pofa compliant 
It's there car registered to their company.
Exeter hospital

I've yet to see an APCOA PoFA compliant NtK. But as you've redacted the life out of it, with no reverse side to see either, it's not possible to say whether this NtK totally bucks the trend. 

Fruitcake

As above, your colleague cannot appeal until they have received a NTH in their own name. There are a couple of hirer appeal templates written by edna basher that can be found in the NEWBIES. One of those will be better suited to this than the template in blue.

The important thing is for your colleague to tell the lease company that they must not pay the charge under any circumstances.

devonlad

Fruitcake said:

As above, your colleague cannot appeal until they have received a NTH in their own name. There are a couple of hirer appeal templates written by edna basher that can be found in the NEWBIES. One of those will be better suited to this than the template in blue.

The important thing is for your colleague to tell the lease company that they must not pay the charge under any circumstances.

Ok will message them now

devonlad

ok so looks like lease company transferred liability to my colleague. 
So I am guessing now it's wait for apoca to send them a letter with the invoice. 
Bit further in the email not on screenshot the lease company says that the driver must pay. 
So will message them now and say,

Wait out for a notice to keeper, still not admit who driving. 
Sorry for vagueness or bad Grammer am tired and going bed now before tonight's shift. 
Thanks all.