APCOA Penalty Notice Railway Parking

Birkyboy

Update.

APCOA have replied to my letter of complaint, requesting the chance to appeal. (I was abroad with work during most of the 28 day appeal period).

They have agreed with my request and they have reissued the PN with a new date 6 December 24, that refers to the original 'incident' date of 22 Aug 24.

So on the plus side, I do now have the chance to lodge an appeal. On the negative side, my understanding is that the 6 month period for the PN to time out has now restarted. Perhaps in hindsight I should have just ignored all the letters.

Can anyone recommend the best template to use for appeal letter for APCOA PN?

Many thanks

Castle

Birkyboy said:

Update.

APCOA have replied to my letter of complaint, requesting the chance to appeal. (I was abroad with work during most of the 28 day appeal period).

They have agreed with my request and they have reissued the PN with a new date 6 December 24, that refers to the original 'incident' date of 22 Aug 24.

So on the plus side, I do now have the chance to lodge an appeal. On the negative side, my understanding is that the 6 month period for the PN to time out has now restarted. Perhaps in hindsight I should have just ignored all the letters.

Can anyone recommend the best template to use for appeal letter for APCOA PN?

Many thanks

No it hasn't; it's still 6 months from the date of the alleged byelaw breach.

Umkomaas

Just send the blue text initial appeal (adjust to remove the bit about P&D machines) from the NEWBIES FAQ Announcement, first post, then add the following:

As your Penalty Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), neither does the car park in question as it is 'not relevant land', you are, in law, unable to hold the registered keeper of the vehicle liable for the penalty; I suggest therefore you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

Cancellation should follow. 

Coupon-mad

And if it doesn't get cancelled, then - at POPLA stage - add a point that you believe that APCOA only have authority from the train operator to issue 'Parking Charge Notices' (contract law, county court jurisdiction) not Penalty Notices (magistrates court only) so the PN was not properly given. 

Birkyboy

@Coupon-mad
@Umkomaas
Thank you. Much appreciated for the swift reply. 

Umkomaas

Birkyboy said:

@Coupon-mad
@Umkomaas
Thank you. Much appreciated for the swift reply. 

Just try it, nothing to lose, or to be concerned about.

LDast

Why on earth are you bothering with this? It is not a real Penalty Notice. There is no 6 months statute of limitations on a fake PN. They will never, ever, try and take anyone to court (County or magistrates).

Why doesn't anyone understand that APCOA (and SABA) are operating outside the law with these fake PNs? if it were a real PN, they cannot prosecute is in the County court as a civil matter. If it were a real PN, they would have to show under whose authority they are allowed to issue the PN under railway bylaws. They are not an authority themselves and so must have permission from the applicable authority to issue a PN and it must be stated on the PN.

Also, it has already been evidenced that the DfT do not expect bylaw 24(1) to be used for minor parking infringements of the bylaws as that is for criminal proceedings in more serious matters. All parking infringements under the Road Traffic Act were decriminalised back in 1991.

You are all being taken for a ride by APCOA if you believe they have an ounce of authority to even issue a PN, never mind a fake one that is fraudulent and uses unlawful language. If you ignore everything they send you, there will be no magistrates court summons and there will be no county court claim.

Besides the fact that not a single person has ever been to any court over these fake PNs, has anyone ever seen a valid contract between APCOA and the TOC/TfL/Network Rail that actually authorises them to issue PNs rather than PCNs? No and you never will.

Ignore them and get on with your life.

Birkyboy

Just to close this thread off....

APCOA rejected my appeal.
I then appealed via POPLA. After I had appealed, POPLA got in touch to say they had been instructed by APCOA to cancel the POPLA stage. POPLA stated, this normally means the PN has been paid OR that APCOA have decided to withdraw the PN. As I had not paid the PN, I can only assume the latter. I never did get any confirmation from APCOA.

Thank you to all those that took time to give advice / comment. Much appreciated and I'm glad I stood my ground.

Umkomaas

Well done, and thanks for the update. Updates are so important to us, they help to tell us whether our current advice is still working.   It's definitely still working for APCOA! 👍

kryten3000

The wording POPLA is that "the operator has withdrawn your appeal" which makes no sense because only the appellant can withdraw.  it's their weird and confusing way of saying that APCOA folded because they knew they were not going to get any money from you.