APCOA Reply - What to do next?

mokmok

I’ve got a reply from APCOA, and I’m not sure what to do next. It’s a fine at Luton Train Station Car Park and I followed the template provided, plus pointing out payment issues at their end. Can someone help what’s my best option from here -

Thank you for your letter regarding the above mentioned Penalty Notice which was received on 28 July 2024. In order for us to fully consider your appeal, please provide us with proof that on the day in question, a valid payment was made; this could be a copy of your ticket or a bank statement.

Please can you send the correct information with full name and address within 14 days of the date of this letter to APCOA PARKING DINGWALL, PO BOX 5767, DINGWALL, IV15 0AX. We have placed a 14 day hold on this PN in order for you to submit your evidence.

Should we receive no further correspondence, we will have no choice but to process your appeal based on the information that we currently hold.

In response to your comments, we can confirm that this Penalty Notice was not issued under the conditions laid out in the Protection of Freedoms Act (POFA) 2012.

Please note, this is a Penalty Notice issued on Railway land as a breach of the terms and conditions of parking has occurred, and you have confirmed to us that you are the registered keeper of the vehicle in question and therefore you are liable for this Notice.

The Railways byelaws state:

In England and Wales

(i) The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

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. If the Penalty Notice remains unpaid, APCOA Parking is entitled to pursue you as the keeper through the Magistrates Court by way of a private criminal prosecution for payment of the Penalty Notice.

This penalty notice was given for 'Use of Private Car Park without making a valid payment'. There is adequate signage upon entry and throughout this car park. All payment options are advertised on site and multiple signs within the car park inform drivers that they will be issued with a Penalty Notice if they fail to make a valid payment for the duration of their stay.

Fruitcake

It is not a fine.

CRAPCOA are lying. 

This statement is completely untrue,

"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."

The PoFA 2012 says no such thing.

CRAPCOA are harmless, and can (currently) safely be ignored. If they don't know the identity of the driver, they are stuffed because they never use the PoFA in their PCNs/fake penalty notices, and any site where byelaws apply is not relevant land where the keeper cannot be held liable. The driver can be liable, and the owner may be liable, but not the keeper, which is why they claim the keeper is assumed to be the owner, but it is a lie. Even if they do know who the driver is, they won't do anything about it.

You could complain to the landowner and the BPA about CRSAPCOA's lies, but I think you will be wasting your time.

You should complain to your MP, without identifying the driver.

Did you receive a PoPLA code in response to your appeal? If so, you should use it. Appeal using all the relevant points available from the third post of the NEWBIES, your first point being, Not relevant land, Railway byelaws apply, No keeper liability.

KeithP

Hello and welcome.

Have a read of this thread...
forums.moneysavingexpert.com/discussion/6527310/have-read-the-newbie-posts-but-am-confused-about-where-i-lie-still