APCOA Penalty Notice at Railway Station

Camelot2193

Hello, today I received this APCOA Penalty Notice from a vehicle being parked at a railway station carpark.

Any advice on how to respond would be appreciated. I have heard some other posts mention a delayed appeal tactic, should this approach be taken here?

Many thanks in advance

DE_612183

I think what you do is appeal as the KEEPER saying you don't know how was driving - it should be in the newbees thread - someone will be along soon to clarify

Fruitcake

Read the sticky Announcement for NEWBIES that asks everyone to read it first.

Plan A is always a complaint from the vehicle keeper to the landowner and the keeper's MP.

Plan B is to appeal to the PPC. You can either use the appeal template you will find in the sticky Announcement for NEWBIES, and add a one liner that since the alleged event occurred on non-relevant land, and the NTK is not PoFA compliant, the keeper cannot be held liable so APCOA should cancel now to save themselves money,
or,
use the appeal generated by poster Troublemaker22,
or,
use/modify one of the successful appeals you will find in the Gatwick Airport drop-off thread that was on page one of this forum earlier today.

Do not under any circumstances reveal the driver's identity.

You should also complain to APCOA and the DVLA  and include in your landowner and MP complaints about the lies they have stated in the NTK. Failing to pay is not a byelaws offence, therefore APCOA did not have reasonable cause to obtain and process the keeper's personal data.

If/when that is rejected, make the same complaint to the BPA.

Coupon-mad

Camelot2193 said:

Hello, today I received this APCOA Penalty Notice from a vehicle being parked at a railway station carpark.

Any advice on how to respond would be appreciated. I have heard some other posts mention a delayed appeal tactic, should this approach be taken here?

Many thanks in advance,
Adam

Copy from other threads.

Search the forum for APCOA Penalty railway

Debszzzz2

You've got to love the "...you may are legally liable...".

A breach of BPA CoP 14.2 by misrepresentation of authority, namely, APCOA cannot bring a private criminal prosecution in their own name, as implied in the NtK. Or can they?

On the 24th March you appeal online. You drag this out and it will expire after 6 months.

Fruitcake

Debszzzz2 said:

You've got to love the "...you may are legally liable...".

A breach of BPA CoP 14.2 by misrepresentation of authority, namely, APCOA cannot bring a private criminal prosecution in their own name, as implied in the NtK. Or can they?

On the 24th March you appeal online. You drag this out and it will expire after 6 months.

Only if they have a contract with the TOC/Network Rail like SABA does. I can't remember exactly how they do it, but I know that SABA do have the legal right to issue claims in the Magistrate's Court, but most PPCs do not.

Camelot2193

Thanks all. So this 'Penalty Notice' is different to a 'Notice to Keeper' right? As i am reading something in another post about them needing to send a NTK within 14 days of the alleged offence, is this correct?

I am planning on sending the template in blue in the main post as an appeal on the last day on 24th March, while adding "Your Penalty Notice is non-PoFA compliant, railway byelaws apply to the land in question, therefore the keeper cannot be held liable so they should cancel now to save themselves money." Is this the agreed approach?

Thanks

Debszzzz2

They are not claiming keeper liability based on PoFA. They are interpreting "owner" to be "keeper" where the “owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered.

It's all very vague and you just need to get this timed out as advised in the Newbies/FAQ thread. Just appeal on the last day possible. Possibly leave a question in there that they have to get back to you and then respond on the last possible day. When you get your POPLA code, you submit your POPLA appeal on day 32 (the code lasts more than the claimed 28 days).

Obviously, no admitting who the driver is. They will have nowhere to go with this.

Have a read of Appendix G of the BPA CoP:

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024Highlight.pdf

Coupon-mad

Penalty Notices from APCOA time out after 6 months (unlike parking charge notices) hence why you do EVERY stage on the last day.

NOT now.  I see you know why.

Camelot2193

Hi all, I received a reply to the appeal recently  (see below). It seems they are stating I can make an appeal to POPLA within 28 days of the letter. There is  POPLA verification number on this letter. How should I play this letter, wait for the final day of appeal for POPLA and then appeal or something different?

They are stating that as registered keeper I am liable for the Notice??





Many thanks.

Le_Kirk

Just refer back to here. <<<<LINK