Have read the newbie posts but am confused about where I lie still.

SpecialKilo

I've received the above after stating that I was not the driver at the time of the infringement.

They're quoting railway byelaws (parked at a station car park) but my understanding is this only matters if it's SABA?

Am I stuck with paying this now or do I ignore this? I would be grateful if someone linked me to the post of instructions I should follow.

I know a lot of effort has gone into all your newbie posts so sorry if this actually is addressed there and I've missed it.

LDast

No one who comes here for advice pays a penny to APCOA, especially for a railway penalty charge.

Firstly, what exactly (verbatim) did you put in your appeal to APCOA? Did you reveal the identity of the driver or did you use terminology like "...I parked"?

They state you received a "Penalty" notice. Go re-read the Newbies/FAQ thread which deals with "Penalty" notices and understand that you just need to get this timed out after 6 months. So, hopefully you didn't rush in and appeal until the last possible day.

APCOA won't prosecute this penalty because there is no money in it for them.

Coupon-mad

Just ignore them.

Their pseudo penalties time out in 6 months

SpecialKilo

LDast said:

No one who comes here for advice pays a penny to APCOA, especially for a railway penalty charge.

Firstly, what exactly (verbatim) did you put in your appeal to APCOA? Did you reveal the identity of the driver or did you use terminology like "...I parked"?

They state you received a "Penalty" notice. Go re-read the Newbies/FAQ thread which deals with "Penalty" notices and understand that you just need to get this timed out after 6 months. So, hopefully you didn't rush in and appeal until the last possible day.

APCOA won't prosecute this penalty because there is no money in it for them.

Thank you for the clarification, I'll go read the Penalty posts. I actually appealed at the last minute so it's already been a month since the "incident"

I don't have a copy of my appeal as I did it on their website form but I was not the driver so I made that clear.

Also when you say "time out": When is something officially "timed out"? Is it if they haven't applied to the courts by then or something else?

Gr1pr

Bylaws issues are dealt with using Magistrates courts , not civil courts, so time out after 6 months , thats the way it is !

Its not just SABA that deal with stations, APCOA and NCP are 2 others, possibly others too

In England and Wales its 6 years for civil invoices, but no keeper liability here, so as a non driving keeper you have no responsibility under bylaws , despite their assertion that the registered keeper is liable 

LDast

If it was a "Penalty" notice and not a "Parking Charge" notice, then the landowner has 6 months in which to file a claim from the date of the offence. APCOA are not going to file a claim for a Penalty notice as they would not receive any money from it, even if they were successful at court.

You should file your POPLA appeal on day 31 (the 28 day limit is not true. POPLA appeal codes last for 32 days). Just use a similar POPLA appeal from the thousands on here and make it as complex as possible. Whether POPLA accept or reject the appeal makes no difference.

KeithP

That appeal rejection letter from APCOA states...

They then make a major leap by stating that...

For further clarification, 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 to be the person in whose name the vehicle is registered.

That simply is not true.
I may have missed it, but I cannot see that presumption anywhere in  https://www.legislation.gov.uk/ukpga/1994/22/section/22.

Furthermore, the front page of a vehicle's Registration Document has this clear statement across the top...

LDast

There is an appeal court judgment that contradicts the above:

https://www.dropbox.com/scl/fi/jv6lxkjk5twbcxnps9woq/francis-v-wandsworth.pdf?rlkey=efug2h3u8fb4685q4l97gtt15&st=rn9ze45e&dl=0

That is a case that pre-dates PoFA but is about who is the keeper in a penalty notice parking case. In short, the "owner/keeper" dropped their car off to a garage for some work. Subsequently the "owner/keeper" receive some parking penalty notices for the time the car was with the garage.

The adjudicator upheld the owner/keepers appeal. The council then applied for a judicial review of the adjudicators decision but they were refused. That refusal was appealed and the judgment is this transcript.

Basically, the judgment overturned the adjudicators decision and therefore the owner/keeper was liable for the penalty notices even though they were not in possession of the car at the time of the offences.

Whilst PoFA now gives slightly better clarity when it comes to Parking Charge Notices from private companies, this judgment can still apply to Penalty Notices from authorities.