Apcoa - parking on railway car park, over stayed the 20 mins allowed

LDast

And here is the most damning bit in that wall of text shown above as "evidence" of APCOA to issue "Penalty Notices":

I, South Western Railway understand that the Parking Operator is the creditor for all notices of parking charge issued and has discretion about how they are enforced, including proceeding cases through the County Court.

A Penalty Notice (PN) CANNOT be "enforced" there the County Court. Only a Parking Charge Notice (PCN), issued under civil contract law, can be enforced through the county court.

What more blatant evidence of APCOA's unlawful use of "offered contracts" dressed up as Penalty Notices, is needed to prove the point? The BPA and POPLA are jointly complicit in this fraudulent activity.

Coupon-mad

I think just do MUCH shorter comments and quote that paragraph which only allows APCOA to issue PARKING Charge Notices which are pursued in the County Court.  APCOA have issued a Penalty Notice so it was not properly given:  

 "South Western Railway understand that the Parking Operator is the creditor for all notices of parking charge issued and has discretion about how they are enforced, including proceeding cases through the County Court."

meishka

In Poplas rejection they state this

a) This is a Penalty Notice issued for a breach of the Railway Byelaws. As such, Keeper liability applies

Are they lying?

Gr1pr

Lying. ?  No

No idea what the law and rules are. ?  ,  yes 

Read a few recent posts by member Ldast on the subject, there was at least one a couple of days ago 

KeithP

meishka said:

In Poplas rejection they state this

a) This is a Penalty Notice issued for a breach of the Railway Byelaws. As such, Keeper liability applies

Are they lying?

Whether they are lying or not is difficult to answer.

Such is the level of PoPLA's assessors, I would suggest that the person who wrote that simply didn't know what they were doing.

But yes, the conclusion drawn is wrong.

LDast

Lying? No. Showing their lack of legal understanding? yes. Being mendacious? Possibly, but no thanks to their bosses who have deliberately chosen to misinterpret the guidance issued to them by the DfT in order to inflate the profits of the BPA members.

Coupon-mad

meishka said:

In Poplas rejection they state this

a) This is a Penalty Notice issued for a breach of the Railway Byelaws. As such, Keeper liability applies

Are they lying?

No.

It is true that they have issued a thing headed Penalty Notice.  Trouble is, they don't have authority to issue those, so says the landowner authority.

Please just do the EXACT comments with EXACT words we already advised.

meishka

Just an update. On 8 Dec I had an email from Popla to say my appeal was ready to be assesed and would take 6 - 8 weeks. Its now over 9 weeks. Do you think they are letting it time out??

Gr1pr

Probably busy, no biggie , keep waiting 

LDast

POPLA will not cancel the fake PN because they will unlawfully tell you that it is the "owner" that is liable. It is all part of the scam. Just get on with your life and wait for all this to simply wither away.

You will not receive any civil claim or a summons. Stop wasting your emotional energy on this scam.