APCOA Station (ANPR) Penalty Notice - Surrey

Coupon-mad

I think it does, in the railway byelaws Appendix?

Fruitcake

So it does. Either version of the OP's appeal will do then. I've deleted my previous post based on that.

Fruitcake

ObserverOfLife said:

Amending my appeal slightly - I took a look at the ticket reference on APCOA website and discovered the title at the top is saying Parking Charge Notice when the letter is stating Penalty Notice so this is very confusing. BPA's Code of Practice 5.4 stated that the term Parking Charge Notice should not be used yet this is clearly on the website ticket. Any strength in this?

""Re PN number: xxxxx

I dispute your 'penalty notice', 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 PN 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 you contend was at the location on the material date.

The ticket on the APCOA website states at the top it is a Parking Charge Notice (PCN) which contravenes the BPA's Code of Practice 5.4 and is causing confusion as to the situation whether this is a penalty notice or PCN. 

Furthermore, the letter was not sent in sufficient time as it was received 16 days after the alleged offence. 

Since the alleged event occurred on non-relevant railway land where byelaws apply, the PoFA cannot be used to hold the keeper liable."

Yes, send that, but amend 5.4 to read, Appendix G Para 5.4.

ObserverOfLife

Hi folks, with thanks to everyone's contribution, it's day 26 - Just attempting to appeal via the APCOA website. 

It stated requires a reason for the challenge with a list of options. Unsure which options is suitable.

Click on the reason for your challenge

• My vehicle was stolen
• The contravention did not occur
• The amount specified on the notice is incorrect
• I was not the Registered Keeper/Driver at the time of the contravention
• Mitigating circumstances prevented me from parking correctly
• My vehicle has been cloned
• Other

Would 'Other' be appropriate in this case?

Coupon-mad

Other, of course!

ObserverOfLife

Hi folks, as expected - the appeal was rejected. Sorry this is a long post.

"The photographic evidence shown above was taken by ANPR cameras when the vehicle entered and exited the site.

The ANPR cameras captured your vehicle entering the car park at: XX:XX and leaving at: XX:XX. During this time, no valid payment was matched to your vehicle.

At the time the ANPR cameras observed the vehicle they noted that it had used the car park 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. It is the

motorist’s responsibility to ensure that they read the terms and conditions on the signage in the car park and that they have a valid payment for the entire time that they use the car park. The signage within the car park informs the motorist that a Penalty Notice will be issued if they fail to make a valid payment.

There is a 20-minute free parking period at this location which allows for dropping off and picking up. Motorists that use this car park for longer than 20 minutes are required to purchase a valid parking session.

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, 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.

With reference to the timescales you mention in your appeal, we would like to make you aware that this PN was issued in accordance with the BPA Code of Practice, which requires that we issue a postal PN within 14 days of receiving keeper details from the DVLA.

As we received keeper details from the DVLA on XX/07/2023 and the postal PN was issued on XX/07/2023 we are satisfied that we have complied with BPA guidelines in issuing this PN.

As your vehicle was parked in contravention of the terms and conditions of the site we are satisfied that the notice was

correctly issued in accordance with the BPA code of practice, and therefore not able to waiver the charge on this occasion.

Therefore you now have a number of options:

Pay the Penalty Notice at the discounted price of £50 within 14 days. Please note that after this time the Penalty Notice will increase to £85.

How to pay

Online at https://pcnpayments.apcoa.co.uk

Or send a Cheque or Postal Order made payable to APCOA Parking (UK) Ltd to: APCOA PARKING, PO BOX 222,

LOWTON WAY, HELLABY, SHEFFIELD S98 1NX.

You have now reached the end of our internal appeals procedure. You now have the option to make an appeal to POPLA - The Independant Appeals Service. You can do this within 28 days of this letter by completing the online appeal form at https://www.popla.co.uk quoting the verification reference number XXXXXXXX. Please be advised that if you opt for

independent arbitration of your case, the Penalty Notice will be considered at the full amount of £85. If you require a hard copy of the POPLA form please contact our customer service centre on 0345 301 1151 where one of our customer service agents will be happy to assist you.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an

alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA,

as explained above."

No photographs of the sign provided and no mention of the confusion between PN and PCN headline. Bit of a contradiction when they said it is the motorist's responsibility then they are trying to hold the keeper's responsible. 

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

occurred, you are the registered keeper of the vehicle in question and therefore you are liable for this Notice."

I thought they can not hold keeper liable under railway byelaws? A little confused by this link: https://www.britishparking-media.co.uk/news/on-the-right-track-bpa-welcomes-changes-to-managing-parking-on-railway-land

The closest POPLA appeal template I could find is: https://forums.moneysavingexpert.com/discussion/6438582/successful-appeal-great-western-gwr-swindon-station-apcoa

Although it seems a bit long. Would that template be okay?

Coupon-mad

Any will do. We usually see penalty ones lose at POPLA but no-one pays or cares! Take your time and do the POPLA appeal on day 32 of course.

Please don't tell us POPLA Codes only last 28 days.  They don't. They work till day 33.  We don't need to see what the POPLA Website says about 28 days...spare us!

ObserverOfLife

Evening - Reading on some threads that I should string APCOA along with banal questions. Does this extend the POPLA deadline? Or do I ask the questions after POPLA appeal? 

What kind of banal questions would work on them and is this via e-mails?

On a slightly separate note, we've received 3 appeal decision letters in the space of 5 days. I consider this to be harassment and predatory with an excessive number of letters designed to instil panic and concerns so certainly will be raising this at POPLA. 

Date of letter was 22nd August so I presume the 32 days start on this date with a POPLA appeal required on 23rd September?

Apologies for the questions and thank you for your support to date!

Coupon-mad

No need to string them along at all.

Just don't submit a POPLA Appeal until day 32 - counting 'day one' as the date of rejection letter.

I consider this to be harassment and predatory with an excessive number of letters designed to instil panic and concerns so certainly will be raising this at POPLA.

There's no point. POPLA are not some independent authority. They are BPA-paid,  self-serving and don't care about that.

paulstevens64

YankeeBrit said:

paulstevens64 said:

Its APCOA, not UKPC, so the above advice by YankeeBrit is not correct.

Please feel free to advise us why my advice is incorrect.

Are you suggesting that APCOA will instigate court proceedings?

Hi YankeeBrit,

I do apologise. I meant no malice. I was just trying to point out to the OP that the course of action for a "byelaws" case is different. As Fruitcake states after my post:

"APCOA do not use PoFA compliant NTKs, and the OP shouldn't contact the landowner/TOC until six months have passed, so Plan A is not advised yet.

APCOA don't do court so it won't get to Plan D, so there won't be any need to use the defence template."

I hope that is ok?

Paul