APCOA letter with slightly different wording to those I've seen on here... Railway PNN

clockwork85

Hi there, someone driving my car foolishly forgot to pay parking at a train station car park in a mad rush at 5am. They were away for 2 days and paid on the 2nd day when it struck them that they had forgotten. The letter attached specifically mentions railway byelaws (above the photos), I haven't seen this before when looking at similar instances. The initial ticket issued 21st August was apparently ignored and the subsequent letter arrived at my address 23rd September (attached). Do I send the below on the last day of the 28 days stated in the letter? now? or not at all? is it too late if I didn't send it before the initial notice period to pay the lower amount?

"I appeal as keeper. I am not obliged to identify the driver and I decline to do so. You are unable to transfer the driver’s liability (if any) to me because the location in question is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’). Furthermore, even if (which is not the case) the location is relevant land, your notice  does not contain the mandatory warning required by POFA paragraph 9(2)(f) and it is now too late for you to deliver a POFA-compliant notice to keeper.  

I require you to cancel the notice or issue a POPLA code so POPLA can order you to cancel it."

Or have they changed the text to make this enforceable?

My concern is a debt collector turning up to my property where the vehicle will be!

Thanks in advance and apologies I have read through multiple threads here and on other forums but I am still not 100% certain.

Gr1pr

No debt collectors will be turning up 

You should use the troublemaker22 template to appeal it as keeper, on day 26 following the issue date on the PN letter by Apcoa, so just before the 28 day deadline, you will be stringing it out past the 6 months deadline, same as the others, so study this thread below 

https://forums.moneysavingexpert.com/discussion/6557430/recent-penalty-notice-from-apcoa-station-car-park#latest

That template you copied and pasted above is suitable for an appeal by the keeper on day 26

No blabbing about who was driving or about the incident itself 

Castle

There's a Penalty Notice Number still showing.

Coupon-mad

That seems to match the PN example in my NTK pictures thread (linked in the NEWBIES thread).

clockwork85

Thanks I will re-read it. Is the PNN still showing bad?

Gr1pr

Needs reporting for picture removal, due to private information showing 

clockwork85

thanks and my apologies, I guess it is mine as it's linked to me despite me not driving at the time. I didn't think of the potential issues with sharing

Coupon-mad

It doesn't matter as far as our advice is concerned. Nothing has changed. Nothing will happen.

LDast

Send the following complaint (separate from the appeal) to APCOA. We would like to see their response:

Dear Sir/Madam,

Re: Formal Complaint Regarding Penalty Notice Issued Under Railway Bylaw 14
Penalty Notice Reference: [Your Penalty Notice Number]

I am writing to lodge a formal complaint regarding the Penalty Notice (PN) issued to me by APCOA Parking (UK) Ltd for an alleged breach of Railway Bylaw 14. My complaint concerns both the manner in which this Penalty Notice has been issued and the improper appeals process that APCOA has offered, which appears to be designed to circumvent the correct statutory procedures for financial gain. I request that APCOA investigate this matter and respond as part of your formal complaints procedure so that I may escalate this matter to the British Parking Association (BPA) if necessary.

1. Misuse of Appeals Process

The Penalty Notice issued relates to an alleged breach of Railway Bylaw 14, which is a statutory penalty, not a civil matter. Despite this, APCOA has misleadingly offered a civil appeals process through POPLA, a service designed to handle disputes relating to Parking Charge Notices (PCNs) for civil breaches of contract on private land.

Statutory penalties issued under Railway Bylaw 14 must be enforced via criminal prosecution in a magistrates' court, where any fines imposed would go to the public purse. The attempt to channel this Penalty Notice through a civil appeals process is a clear procedural failure that not only misrepresents the legal status of the Penalty Notice but also improperly involves a body (POPLA) with no jurisdiction over statutory matters.

2. APCOA’s Attempt to Profit from Statutory Penalties

I also wish to express my concern regarding what appears to be a deliberate attempt by APCOA to profit from statutory penalties. As you are aware, any fines imposed for breaches of Railway Bylaw 14 must be paid to the public purse, not to APCOA. By offering a civil appeals process, APCOA seeks to sidestep this requirement and benefit financially from payments that should not be theirs to collect.

This misuse of the appeals process demonstrates a corrupt practice that places private profit above statutory enforcement. I find this particularly egregious, as APCOA has no lawful basis to profit from statutory penalties issued under Railway Bylaw 14. Such actions undermine the integrity of the legal framework governing railway land and raise serious questions about APCOA’s adherence to its responsibilities as a member of the BPA.

3. Improper Assumption of Keeper Liability

Railway Bylaw 14 refers to the owner of the vehicle, not the Keeper. The Penalty Notice has been issued to me as the Keeper, with no evidence provided to support APCOA’s assumption that I am also the owner. The V5C registration document, which you may be relying on, explicitly states that it does not prove ownership. APCOA’s decision to pursue the Keeper for a statutory penalty demonstrates a further misunderstanding or misuse of the legal framework.

4. Request for Strict Proof of Authority to Issue Penalty Notices

As part of my complaint, I request that APCOA provide strict proof of its contractual authority to issue Penalty Notices under Railway Bylaw 14. Specifically, I require:

• A copy of the contract between APCOA and the landowner or Train Operating Company (TOC), proving APCOA’s authority to operate at this location.
• Evidence that this contract expressly permits APCOA to issue Penalty Notices (PNs), not just Parking Charge Notices (PCNs), under Railway Bylaw 14.

Without such proof, APCOA has no legal standing to issue Penalty Notices, and this Penalty Notice must be withdrawn.

Request for Resolution

In summary, I request the following actions from APCOA:

• Immediate cancellation of the Penalty Notice based on the procedural failures outlined above.
• A formal response acknowledging APCOA’s misapplication of the appeals process, as well as any steps taken to address the issues raised.
• Confirmation of your authority to issue Penalty Notices under Railway Bylaw 14, including contractual evidence of your right to do so.

Should APCOA fail to resolve this complaint to my satisfaction, I will escalate the matter to the British Parking Association (BPA), as I believe APCOA’s actions represent a serious breach of the BPA’s Code of Practice.

I look forward to your prompt response, in line with your formal complaints procedure.

Yours faithfully,

clockwork85

Hi there, thank you, see below response to my appeal. I'm assuming I should now send the above. Apologies I've only just seen it. Thank you

clockwork85

This is what they sent back btw. Will send the above now