Worth trying to appeal an APCOA Parking penalty?

ThisIsWeird

Hi.

Need to start by saying I don't think that APCOA is an unfair, unreasonable, or a bad service - when it works it's great.

Two visits to Exeter Hospital with mil at the start of the month, on a Wed and subsequently on the Fri.

I noted, as I arrived on Wed, that it was an automated system, and to 'pay on exit'. Wheeled mil to the foyer on leaving, and went off to fetch my car in one of the designated parking areas. On leaving this car parking area, I found that that part of the hospital 'circular' road was one-way, so I couldn't turn left to fetch mil, but only right - this took me half-way around the hospital site and ultimately spat me out onto a residential street in the dark, with no obvious means of paying the fee (at this point I was seriously p'd off anyway, as I knew mil was waiting, and no means to contact her). 20 minutes later, I found my way to the main hospital entrance again, parked outside the main door, grabbed mil, and headed off home.

Once home, I logged on to APCOA's parking system, entered my details, and -bingo - there was the parking shown, with an option - available for a few days - for a 'late payment'. Perfect - I paid my £2.50 and all was well. Great service.

On Friday, my intention was to intentionally repeat this process, rather than trying to find a way of paying as I wheeled mil out the doors again, having just had electrodes removed from her scalp. Priority was to get back home asap. Yes, I parked upwind of the main entrance this time, so no one-way malarkey...

Got home, logged in - nothing. I rechecked each day for at least a week - nothing. Yes, I wondered if I'd somehow 'got away with it', but would rather have been able to pay as it'd likely only be another £2.50, and the service is actually very good. And then, of course, I forgot about it.

Received a parking charge notice yesterday.

I did take timed and dated screenshots at the time, just in case this went pear-shaped, so I can show that, on the day after the second visit, only the Wed's parking was present. Ditto with 'history' later on - no sign of Friday's. Friday's parking has never shown up on it. It seems almost certain that the details did not get on to their website payment system, altho' they clearly did have a record of my visit.

What are my chances of a successful appeal?!

Fruitcake

Plan A is a complaint to PALS and/or the hospital trust/CEO and your MP. Make sure to do this as the registered keeper without identifying the driver. Complain that there was a frustration of contract because the payment system wasn't working which prevented the driver from paying.

Plan B is an appeal to the PPC using the template in blue text you will find in the sticky Announcement for NEWBIES. Send it unaltered from the keeper save for a one liner stating that the NTK was not PoFA compliant therefore the keeper cannot be held liable.

Make absolutely sure that you do not reveal the driver's identity at any point.  No "I parked" or "I drove." The driver parked, the keeper received a PCN.

Luckily, APCOA are benign and don't do court, but as long as you don't reveal the driver's identity, you cannot lose, even if the keeper has to make a second stage appeal to PoPLA.

All the advice you need is in the NEWBIES.

ThisIsWeird

Thank you, Fruitcake - that's really helpful.

Umkomaas

Can we see a copy of the first letter sent to you by APCOA, front and back, redacted of personal data, VRM and any reference numbers, but please leave dates showing. 

Coupon-mad

What are my chances of a successful appeal?

100%

... as long as you don't appeal as admitted driver.  It's APCOA!  Easy peasy.

Please show us both sides of this PCN.

ThisIsWeird

I want to do this 'properly', and see if there's a human being in the appeals office.

I was driving, and I'm not going to say it wasn't me, or that I don't know who was. 

My only issue is that the second parking, on the Friday, did not appear on their website, on which I was already registered, and I therefore had no opportunity to pay for my parking as I had done for the Wednesday.

I wonder if that will be enough, or was I meant to chase them up on this when it didn't appear?

Anyway, we'll soon see

(Had this been a sneaky, fly-by-night outfit covering patches of private land, then I'd try things like that.)

Coupon-mad

We weren't telling you to say you weren't driving. We don't lie. You appear to have misunderstood our advice.

The registered keeper has 100% win awaiting.

PLEASE DO NOT APPEAL AS DRIVER.

Please show us both sides of this PCN.

ThisIsWeird

Coupon-mad said:

We weren't telling you to say you weren't driving. We don't lie. You appear to have misunderstood our advice.

The registered keeper has 100% win awaiting.

PLEASE DO NOT APPEAL AS DRIVER.

Please show us both sides of this PCN.

Thanks.

Here:

Coupon-mad

Easy one.

Appeal as keeper pointing out this is non-POFA wording.

You will find that appeal wording on any recent (non-railway station) APCOA, Smart Parking of NCP thread 

fisherjim

Sorry but you hold APCOA in far too high regard, they are just as bad as any other fly by night scamming parking company up to all the same tricks.

chunkybuns

I'm angry and frustrated because in my opinion they are intentionally making the app not work resulting in increased profits.  The law needs to change to make cash payment mandatorily available before an app based payment system can be allowed.  I took a photograph of the number as I left a gig but the app kept advising it wasn't recognised.  Then received a charge after it.  They argued that you can call, but who has the time to wait 45mins on hold???  
Then, once I appealed, they automatically advise its rejected and blackmail you that if you go through the independent process its automatically £100.  
The whole thing stinks of extortion, but its the UK, so we just tolerate it and the government do F*** all about it.