Apcoa "penalty" on railway station car park

DjangoUnchained

I see in the recent POPLA decision threads that they have dismissed a recent appeal, APCOA on railway land, exactly the same  appeal that i am about to use. They are taking the line that the byelaws allow them to assume the keeper is the owner? unless proved otherwise. 
Is there something else i should add when i do my appeal,?

Coupon-mad

Yes they are but nothing to worry about.

Times out after 6 months, so do each stage on the last day.

troublemaker22

POPLA assessors are not legally qualified.  Some are dimmer than others.  None of them seems to understand the law dealing around railway penalty notices and APCOA's sleight of hand in trying to use the threat of a railway penalty prosecution as a way to coerce a registered keeper into paying a driver's contractual parking charge.  But none of this really matters because APCOA doesn't take railway cases to court.  So just play the game, appeal to POPLA at the last minute.  If you get lucky and it lands on the desk of an assessor in the grip of a lucid interval, you might win - but it doesn't matter if you lose, just keep the clock ticking slowly

DjangoUnchained

how do you keep the clock ticking after popla dismiss it? surely apco dont have to correspond further?

Coupon-mad

Just ignore them when you eventually lose, but two months will have passed by then.  POPLA Codes last till day 33.

lily10

DjangoUnchained said:

how do you keep the clock ticking after popla dismiss it? surely apco dont have to correspond further?

I have followed exactly the advice given here after my PCN at a station - appeals rejected by APCOA and then POPLA. Only one letter ever received  from debt recovery agency before my POPLA appeal was even reviewed (I ignored it) . POPLA appeal failed and since then I have heard absolutely nothing. This times out mid Jan. Exactly as these guys say. Just posting this here as I am slightly ahead of you timewise.

DjangoUnchained

you would think they would get fed up paying for popla wins and then still not getting paid?

Coupon-mad

Not with the massive numbers APCOA churn.  That's why they never sue. No need.

bergkamp

DjangoUnchained said:

I see in the recent POPLA decision threads that they have dismissed a recent appeal, APCOA on railway land, exactly the same  appeal that i am about to use. They are taking the line that the byelaws allow them to assume the keeper is the owner? unless proved otherwise. 
Is there something else i should add when i do my appeal,?

Logging on to the Apcoa website, the following is stated;

The amount outstanding on the Charge Notice will be passed to our debt collection agency on Fri, 19 Jan 2024. Please pay £85.00 now.


This is after the lost appeal in the POPLA thread.  The DOE was late July 2023, so a few more weeks before it times out....

DjangoUnchained

did occur to me, what would happen if the "driver" suddenly came forward and confessed, would apcoa have to reissue the penalty, offering 30 days, the driver would appeal, and then do popla, that would bring it well beyond the 6 months?