APCOA - Charlbury Railway Station - Parking Charge Notice

H_P_Lovecraft

Hi there! Returning to the parking forums after almost exactly ten years of ticket free motoring! My partner received a postal (no windscreen sticker) NtK PCN this week.

The driver allegedly parked at a (operating ANPR) railway station carpark, without valid payment, and subsequently we've received the NtK.

I've read the newbie thread and can see the "Blue text" appeal which I am ready to send off and add in a "non-POFA compliant NtK" bit as well, as you seem to have commented this is the case on other ACPOA NtK photos.

Please could I ask for two simple and one harder bits of advice?

• Could someone explain how the NtK fails the POFA wording test, so I can be ready for POPLA? Is it about transfer of liability?
  
• The signage at site on google maps is awful and does not clearly highlight the penalty fee in large font, nor clearly indicate use of ANPR which might be a BPA code/forming contract issue. Should I use "non-compliant signage" at this point too or save it for POPLA?

The harder one:

• On many other APCOA railway station posts you note that this is about railway land and bylaws and will be marked "Penalty" not "Parking Charge" and can be ignored due to no keeper liability/not relevant land etc, but as this came to us as a Parking Charge, what do you think is happening here? How could I confirm if bylaws apply and thus which way to respond to the notice?

Here's the NtK:

• 
  

Coupon-mad

Because it has no attempt at keeper liability in the wording.  Look at Schedule 4 para 9(2)f

troublemaker22

If it’s actually on railway land, the Railway Byelaws will apply so so POFA won’t apply. You don’t need to research the location at this stage because APCOA hasn’t even tried to apply POFA. As @Coupon-mad explained, they haven’t included the mandatory warning required by POFA paragraph 9(2)(f). 

All the keeper needs to say in the appeal to APCOA is:

”I appeal as keeper. I am not obliged to identify the driver and I decline to do so. You are unable to transfer the driver’s liability (if any) to me because the location in question is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). Furthermore, even if (which is not the case) the location is relevant land, your notice  does not contain the mandatory warning required by POFA paragraph 9(2)(f) and it is now too late for you to deliver a POFA-compliant notice to keeper.  

I require you to cancel the notice or issue a POPLA code so POPLA can order you to cancel it.”

Let us know how your partner gets on. 

Castle

Did they really issue and post the NTK on 26th December, (Boxing Day) !

troublemaker22

They made Bob Cratchit do it

H_P_Lovecraft

Hey guess what! 

Made the following appeal to APCOA using your helpful wording slightly re-jigged and we've just found out she's had the charge cancelled at the internal appeal stage! We're very happy and grateful for all your work on this forum.

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I appeal as keeper. I am not obliged to identify the driver and I decline to do so.

You have issued a confusing PCN because the location is a railway car park and dependent on ownership will be administered either under railway bylaws or the Protection of Freedoms Act 2012 (POFA). In this situation you have not made clear if you are operating under railway bylaws or under the POFA "relevant land" concept.

In the event the location is relevant land, your notice does not contain the mandatory warning required by POFA paragraph 9(2)(f) and it is now too late for you to deliver a POFA-compliant notice to keeper.  

In the event the location is railway land, under bylaws you are unable to transfer the driver’s liability (if any) to me because the location in question is not ‘relevant land’ as defined in Schedule 4 to POFA.

Neither your T&Cs signage (19.4 adequate notice) or your use of ANPR (22.1 "must tell drivers") is compliant as required by the BPA code of practice.

Please either cancel the notice or issue a POPLA code so POPLA can review and instruct you to cancel it.

Thanks

Coupon-mad

Great stuff. Easy when you know how!

Stilton_pie

Appealed using the above wording and just heard penalty has been cancelled. 

Common situation where I arrived slightly early to puck someone up and the train was 15min late so overstayed the 20 min grace period. 

Many thanks