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PCN - APCOA for parked without a valid payment or permit at my hospital workplace

Hello all, 

Requesting some help on this matter as I am not sure I can even request a cancellation from PALS at my workplace but I need this sorted really I cannot afford this! 

So as it stands, at the time of the alleged contravention I had a valid permit to park in the staff car park for another car with a different registration plate. I was using another vehicle in the car park on this day and hadn't had a chance to sort the new permit, I did leave my other permit that is linked to me in the window and note explaining why I couldn't use my original vehicle. The facilities people have said its all done by ANPR cameras and that they can't help me as I didn't have a valid permit .. just for this registration plate. I see this as really unfair as ultimately I pay each month the fee for the car park just didn't update the vehicle details that I am using. There was two weeks of overlap over the christmas period where I didn't add this vehicle to my permit. 

Im really keen to explain this 'legally' and win at POPLA if I can, as I understand I have a golden ticket PCN (no mention of POFA). 

Many thanks 
«13

Comments

  • Umkomaas
    Umkomaas Posts: 41,115
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    Let's have a look at the Notice to Keeper (the first letter you received) from APCOA - take a photo and post up.  Please redact all personal and vehicle registration details but leave all dates showing. Front and back of it please. 

    Don't worry about APCOA, they're easy to beat and shouldn't present you with any problems. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • brab888
    brab888 Posts: 41
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    Hi, thanks for this, hope these are okay. 
  • Etccarmageddon
    Etccarmageddon Posts: 765
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    edited 13 January at 1:00PM
    I assume you haven't sent an appeal to these people yet?  And thus haven't informed them of anything you have posted on this thread?

    Just asking for the benefit of all of us offering comments and advice 
  • brab888
    brab888 Posts: 41
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    I have asked the facilities team for help initially after receiving this and they said I can appeal with APCOA because they can't help. 
  • brab888
    brab888 Posts: 41
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    I can show the message (without details etc) if that helps. I have explained that I have a permit etc but just was late with registering another reg plate to my account. 
  • Umkomaas
    Umkomaas Posts: 41,115
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    Right - thanks for the copy of the NtK - it does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4).  As long as you have already not communicated with APCOA, giving them the name of the driver, just send them the initial appeal template, shown in blue text, in the NEWBIES FAQ Announcement, first post, adding the following paragraph to it. APCOA will cancel. 

    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.'
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • brab888
    brab888 Posts: 41
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    Okay thank you, no I have made no contact with APCOA at all yet. I will get the template written up with your paragraph. I am guessing they will try to ask for the drivers details from me and I will just say I don't by law have to disclose that information is that right? 

    - would they contact the hospital though and get information that way about who would be driving it?
  • Umkomaas
    Umkomaas Posts: 41,115
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    brab888 said:
    Okay thank you, no I have made no contact with APCOA at all yet. I will get the template written up with your paragraph. 

    1.  I am guessing they will try to ask for the drivers details from me and I will just say I don't by law have to disclose that information is that right? 

    2.   would they contact the hospital though and get information that way about who would be driving it?
    1. Unlikely, but if they do, just ignore any such letter. 

    2. A third party cannot be relied on to prove the identity of the driver.  Regardless of any communication you've had with the hospital, it's not going to happen.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • brab888
    brab888 Posts: 41
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    Thank you this is a massive help, sorry for one more question from the 'one size fits all template on newbies thread', on the last two mini paragraphs that mention 'If the allegation concerns a PDT machine...' and 'If the allegation involves an alleged overstay of minutes,...' am I still including all of this because we don't actually know what they are trying to push onto me with the PCN and asking for an exact explanation? (which they obviously cant do).
  • Coupon-mad
    Coupon-mad Posts: 129,059
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    edited 13 January at 3:51PM
    Just use the words above.  It's all you need! Not the template.

    DO NOT TICK 'DRIVER'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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