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

k555lynn

Hi reply was

Thank you for your letter regarding the above mentioned Penalty Notice which was received on xx July 2023. 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 'Use of Private Car Park without making a valid payment'. 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.

As a gesture of good will, we have extended the hold period of this Penalty for 14 days in order for you to submit an appeal,or alternatively provide us with the details of the driver at the time of the contravention.

Should you wish to submit either, please send the correct information with full name and address within 14 days of the date

of this letter to APCOA PARK

Should we receive no further correspondence, we will have no choice but to process your appeal based on the information that we currently hold.

Yours sincerely,

Appeals Department

APCOA Parking (UK) Ltd

Coupon-mad

Great. Ignore that pointless 'stating the obvious' rubbish!

Umkomaas

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.

Dear APCOA

Unequivocally, the Penalty Notice will remain unpaid, therefore please serve private criminal prosecution proceedings without delay so your entitlement can be tested. Please confirm that you are the Train Operating Company.

Yours faithfully

k555lynn

Do I really just ignore it as Coupon Mad said or do I actually write back what UMKomass said!? 

YankeeBrit

k555lynn said:

Do I really just ignore it as Coupon Mad said or do I actually write back what UMKomass said!? 

Just do as @Umkomaas has advised. It is worth it just for a laugh.

argylefan2323

Hi - currently in almost exactly the same position as k555lyn. My car was parked in a railway station carpark back on 8/9th July overnight.  My partner paid for the parking using the app and saw the confirmation, but one month later I have a copy parking charge notice on my desk, so this must be due to the app failing to work.  Only difference here is that it's a company car so I only have the copy sent to the leasing company so far.  Leasing company have given my name to APCOA on 1st August as nominated person with use of the vehicle.  This does not mean I was the driver, of course.

So I'm currently waiting for the notice to be reissued to me before starting this process and watching with interest to see what happens to k555lyn

KeithP

@argylefan2323, because your issue is with a company car, the situation and it's resolution are different.

Suggest you start a new thread to discuss your situation which will be easily resolved in your favour.

YankeeBrit

argylefan2323 said:

Hi - currently in almost exactly the same position as k555lyn. My car was parked in a railway station carpark back on 8/9th July overnight.  My partner paid for the parking using the app and saw the confirmation, but one month later I have a copy parking charge notice on my desk, so this must be due to the app failing to work.  Only difference here is that it's a company car so I only have the copy sent to the leasing company so far.  Leasing company have given my name to APCOA on 1st August as nominated person with use of the vehicle.  This does not mean I was the driver, of course.

So I'm currently waiting for the notice to be reissued to me before starting this process and watching with interest to see what happens to k555lyn

Please start a new thread with your issue. Whilst it may be the same location/circumstances, it becomes very confusing if more than one PCN/RK is under discussion. In your new thread, please not whether the PCN was a "Parking" or a "Penalty" Charge Notice.

k555lynn

The 14 day extension to appeal is Monday do I keep ignoring and hope they dont file the NTK by sept 3? I had different advice - ignore by coupon mad and write back what Umkomaas and Yankeebrit said... can someone definitively say which to do. Thanks 

Umkomaas

k555lynn said:

The 14 day extension to appeal is Monday do I keep ignoring and hope they dont file the NTK by sept 3? I had different advice - ignore by coupon mad and write back what Umkomaas and Yankeebrit said... can someone definitively say which to do. Thanks 

I'm puzzled by why you are anxious about them filing a NtK by Sept 3?  The purpose in serving a NtK within 14 days is to be able to hold the registered keeper liable, but as this is a Railway Penalty Notice, keeper liability can never apply. In any case, 14 days is only a factor with standard parking charges issued via the post.

You have two options, as stated above. You can ignore things, but you are likely to receive chaser letters from APCOA and debt collectors, all ignorable, but crap you can do without.

Alternatively, send the two-sentence letter I drafted, and I'm pretty certain that APCOA will 'fold' pretty quickly.  Even with standard PCNs, a similar, short, sharp response to APCOA sees them capitulate, almost by return.  End of story. Even if it doesn't work, no harm done, you'd be faced with the same letter chase as you would if you ignore things.

Depends if you want this to be potentially knocked on the head soonest, or whether you're prepared to put up with threatening debt collection letters. It's your choice.