I'm back...this time with a rail station penalty notice.

k555lynn

I thought if they didnt file NTK before 59 days in the case of a windscreen ticket then that counts at popla?

i dont have an email address for APCOA it says the one they sent from is not monitored. anyone know best way to send the two sentence letter from Umkomaas? 

They said to reply by post within 14 days

I can go to post office tomorrow and get proof of posting but also wanted to email - I can still access the appeal form on their site...

i could upload their letter to it and say it is a reply to their letter and original appeal details remain unchanged and then add the two sentences?

k555lynn

sorry guys i found by searching send via post office with certificate of posting will do so tomorrow 

Coupon-mad

k555lynn said:

sorry guys i found by searching send via post office with certificate of posting will do so tomorrow 

Sorry?

No-one ever posts anything to a parking firm.

k555lynn

There is no email address and i cant re use the appeal form so its only way and is the advice in all threads? 

Le_Kirk

Did you try this: -

Coupon-mad

Send it as per their complaints policy page if you cannot appeal.

k555lynn

Yes Le-Kirk thats how i did my original appeal but I was under impression from other posts you could only use the appeal form once per PCN. I tried it again this morning and it worked. Will update you guys on what happens

k555lynn

Hi guys I appealed with the words suggested above haha....

This is reply today

Having fully considered the evidence provided by you, we advise that your appeal has been unsuccessful on this occasion.

APCOA Parking (UK) Ltd operates as an AOS approved operator, in accordance with the British Parking Association Code of Practice. When parking on Railway land, the onus rests with the motorist to accept and to comply with the Railway Byelaws and the displayed Terms and Conditions of Parking.

At the time the Parking Attendant observed your vehicle they noted that it was parked without a valid payment, therefore it was parked in breach of the terms and conditions of the car park and a Penalty Notice was issued accordingly. It is the motorist’s responsibility to ensure that they have a valid payment for the entire time that they are parked in the car park and that this payment is made straight away when parking.

Please note, this is a Penalty Notice issued on Railway land as a breach of the terms and conditions of parking has

occurred, and you have confirmed to us that you are the registered keeper of the vehicle in question and therefore you are liable for this Notice.

The Railways byelaws state:

In England and Wales

(i) The owner of any motor vehicle, bicycle or other conveyance

used, left or placed in breach of Byelaw 14(1) to 14(3) may be

liable to pay a penalty as displayed in that area.

For further clarification, the owner, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed to be the person in whose name the vehicle is registered. If the Penalty Notice remains unpaid, APCOA Parking is entitled to pursue you as the keeper through the Magistrates Court by way of a private criminal prosecution for payment of the Penalty Notice.

This penalty notice was given for 'Failure to purchase and/or display a valid parking ticket or parking permit'. There is

adequate signage upon entry and throughout this car park. All payment options are advertised on site and multiple signs within the car park inform drivers that they will be issued with a Penalty Notice if they fail to make a valid payment for the duration of their stay.

Both APCOA and the landowners have a legitimate interest in charging motorists who contravene parking restrictions, which extend beyond the recovery of any loss. The interest of the landowners is provision and efficient management of parking. The interest of APCOA is income from the charge, which meet the running costs of a legitimate scheme plus a profit margin.

We would also like to point out that a contractual agreement was entered into APCOA when the vehicle was parked on site, in which it was agreed that the terms and conditions displayed on the signage would be adhered to. Those terms and conditions included incurring a charge for failing to park within the restrictions applicable to the site. There was no obligation to park on site should the terms and conditions of parking not be accepted.

On the date above, the driver parked the vehicle in breach of the Terms and Conditions of parking which are displayed in the car park. 

Having reviewed the circumstances surrounding the issuing of the above Penalty Notice, and having considered your reasons for appeal, our decision is to uphold the Penalty Notice. You have now reached the end of our internals procedure, and have the option to either Make Payment for the Penalty Notice  Submit a further appeal to the Independent Appeals Service (POPLA)

Payment at the reduced rate of £60.00 for the Penalty Notice will be accepted if received within 14 days of the date of this letter. After 14 days, the amount payable will increase to £100.00 and be held at the full amount of £100.00 for a further 14 days. Payment can be made using the options outlined below.

B789

What did you expect? Just let this time out after 6 months as advised in the Newbies/FAQ thread. You just need to employ delaying tactics. 

You are dealing with an intellectually malnourished company. According to the government's own website advising on how to bring a private criminal prosecution, the average cost to do so is approximately £8,500. Can you see the eejits at APCOA never bother with litigation, so can you see them forking out thousands for a lawyer to bring this to magistrates court? Of course not.

https://www.gov.uk/government/publications/private-prosecutions/private-prosecutions#:~:text=Any%20adult%20has%20the%20right,whether%20this%20is%20the%20case.

k555lynn

Not expecting anything I was updating my thread

Is there anywhere to find out if the car park is a railway car park?  I found a thread on here where they list the ones in my area that are and this one wasnt on the list