APOCA Train Station Parking and a Malfunctioning App

ShowMeTheMoney2

Hi All,

Firstly, thank you all for the sticky newbie thread; it is very helpful! However, I am still unsure about one element of my appeal and hope one of you could help me further.

Should I adapt the blue text template when submitting my appeal based on my situation below?

I used an app to pay for parking at a train station car park managed by APOCA and received a parking charge notice. The issue arose because the app failed to process my payment when I tried to use it at 6 a.m. Later that day, around 8 p.m., I attempted again and, this time, successfully paid for my parking, covering an extended period to ensure the payment amount matched the required fee.

Thank you.

Gr1pr

I wouldn't use the blue text template for an APCOA train station case, simply because there is no keeper liability, POFA schedule 4 doesn't apply on railway land 

Was it a parking charge notice. ?  Or a Penalty notice. ?

Any appeal should come from the keeper and be based on no keeper liability and POFA 

No blabbing about driving or about the incident itself, so none of the backstory, except to possibly add 

The driver definitely paid for the parking on the day in question

so after the typical POFA appeal seen in other recent APCOA and NCP train station threads, preferably ones from this year 

ShowMeTheMoney2

Gr1pr said:

I wouldn't use the blue text template for an APCOA train station case, simply because there is no keeper liability, POFA schedule 4 doesn't apply on railway land 

Was it a parking charge notice. ?  Or a Penalty notice. ?

Any appeal should come from the keeper and be based on no keeper liability and POFA 

No blabbing about driving or about the incident itself, so none of the backstory, except to possibly add 

The driver definitely paid for the parking on the day in question

so after the typical POFA appeal seen in other recent APCOA and NCP train station threads, preferably ones from this year 

Thanks for the advice. It was a Parking Charge Notice. Does that make any difference to your suggested approach? I am nervous about landing myself in it with them as despite paying (eventually...) I doubt they will care based on the reading I have done here.

Coupon-mad

You cannot lose. The EASIEST one!

As long as you DO NOT imply who was driving.

Gr1pr

Do as advised by troublemaker in the thread below 

https://forums.moneysavingexpert.com/discussion/comment/80507251#Comment_80507251?utm_source=community-search&utm_medium=organic-search&utm_term=APCOA+POFA+appeal+

You can add the extra line I mentioned above, but no implying who was driving, you appeal as keeper only, avoiding any traps 

LDast

ShowMeTheMoney2 said:
I am nervous about landing myself in it with them as despite paying (eventually...) I doubt they will care based on the reading I have done here.

Who do you think you are dealing with? APCOA are not some authority with statutory powers to do anything. They are an unregulated private parking company and all you have received is a speculative invoice for an alleged breach of contract. Stop overthinking it.

An appeal as simple as this will see APCOA cancel the PCN:

I am the registered keeper. APCOA cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, APCOA will be well aware that they cannot use the PoFA provisions because [Railway Station] is not 'relevant land'.

If [Railway Station]'s owners wanted to hold car owners or keepers liable under Railway Byelaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because APCOA is not the [Railway Station] owner and your 'parking charge' is not and never attempts to be a penalty. It is created for APCOA's own profit (as opposed to a byelaws penalty that goes to the public purse) and APCOA has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NTK can only hold the driver liable. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

ShowMeTheMoney2

Hi all - just a quick note to say I followed the advice here and they cancelled the charge! Thanks all.

Coupon-mad

ShowMeTheMoney2 said:

Hi all - just a quick note to say I followed the advice here and they cancelled the charge! Thanks all.

Easy, innit?!