APCOA Tesco

Peter767

We received a PCN today for an alleged contravention on 18th October. We use this parking several times daily as 30 minutes is free and close to schools so don't remember who was the driver. When we shop at Tesco or stay longer than 30 minutes, we always validate our permit. For this day, we have confirmation of shopping at Tesco but haven't been able to find the permit yet at home. 
Our question - can the PCN be enforced if issued by company on day 14 and received by us on day17?

PCN Front https://ibb.co/8950zg1
PCN back https://ibb.co/wRQWXzX

Coupon-mad

Not sure why you are focussing on the POFA 14 days, when APCOA NTKs always choose to use 'non-POFA' wording anyway, regardless of date of PCN.

Which the NEWBIES thread already says hands the registered keeper an easy win as long as the keeper don't say who was driving (I name APCOA there in the thread as one that doesn't use the POFA. They are there for the taking).

The NEWBIES thread explains - the date is irrelevant!

UncleThomasCobley

As explained above by @Coupon-mad, but simplified so as to make it absolutely clear... 

Appeal as the RK and do not give away the identity of the driver, under any circumstances.

Read the Newbies/FAQ thread to understand the reasoning for this.

Peter767

Afternoon
Today, we went to our local Tesco to complain. The manager was already surrounded by a group of about 4 other people with similar tickets in hand. He informed us he has received about 100 complaints in the last week from genuine shoppers who have entered their log in details, haven't overstayed but still received a ticket.
He took the letter from all of us and advised us to forget as he is in the process of contacting this company about all these requesting a cancellation.
How can the DVLA release the driver's details on such a large scale? Is there no way of complaining with a prospect of stopping this fraud?
Also should we still appeal  mention above details in case they chase us later? The manager provided his details to all those present.
Thanks

Umkomaas

How can the DVLA release the driver's details on such a large scale? Is there no way of complaining with a prospect of stopping this fraud?

You can, of course, complain to the DVLA and ask them to instigate an investigation. If you could get some written evidence from the Tesco manager that he has dealt with 'about 100 complaints' this week and copy that with your complaint, that would add weight. But I have to tell you that the DVLA are insanely reluctant to side with any motorist in a complaint about them releasing your data to an unregulated parking firm. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - send copies of the complaint to both emails. 

Additionally, involve your MP and get him/her to raise the question with the DVLA, the DLUHC and the DfT. 

UncleThomasCobley

Did you give the original PCN or a copy of it to the manager? Do you have anything in writing from the manager to confirm that he is going to tell their agent to cancel the PCN? If not, go back and get him to provide something in writing to confirm the fact.

Just like a phone call, word of mouth is not worth the paper it is written on.

Peter767

Thanks both

@Umkomaas we are happy to complain to DVLA
@UncleThomasCobley the manger had about 4-5 paring tickets in his hand, he assured everyone he will write to the parking company today and nothing else was needed. However, we do feel this is not a confirmation and parking companies are known to drag things. Hence, should we appeal and mention that the details of our communiocation or should we request tesco to conform in writing?


Thanks

Umkomaas

Hence, should we appeal and mention that the details of our communiocation or should we request tesco to conform in writing?

APCOA parking tickets are the easiest to get cancelled. Simply use the blue text initial appeal template from the NEWBIES FAQ Announcement, first post ..... and add the following to it:

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

I'm assuming their NtK is still non-compliant with PoFA. Can you confirm its non-compliance - the NEWBIES FAQ Announcement will guide you. 

UncleThomasCobley

It wouldn't harm you to email the manager and ask him to confirm that he has ordered APCOA to cancel the PCN. You then have it in writing, just in case.

Coupon-mad

You can't appeal if you handed over the original.

1505grandad

".... so don't remember who was the driver."

Make sure that no details of any driver are given in any communications.