Process help please for getting to apeal on a APCO Notice to Owner

1505grandad

"Because it is a fake Penalty Notice. It is an "offered contract" that uses unlawful language."

"A better word for it all is extortion."

I am sure the DVLA are well aware and as we speak contemplating actioning the relevant KADOE contract breach as follows:-

https://www.whatdotheyknow.com/request/kadoe_service_contract_informati/response/1683411/attach/4/FOIR8718 annex 1.pdf

"F2. Prevention of Fraud
F2.1. The Customer shall take all reasonable steps, in accordance with Industry Best Practice, to prevent Fraud by the Customer’s Staff and the Customer (including its shareholder, members, and directors) in connection with the receipt of the KADOE Service.
F2.2. The Customer shall notify the DVLA immediately, within a maximum of 24 hours of becoming aware, if it has reason to suspect that any Fraud has occurred or is occurring or is likely to occur.
F2.3. If the Customer or its Staff commits Fraud in relation to this or any other contract with the Crown (including the DVLA) the DVLA may:

a) terminate the Contract and recover from the Customer the amount of any loss suffered by the DVLA resulting from the termination; or
b) recover in full from the Customer any other loss sustained by the DVLA in consequence of any breach of this clause. 

Cashby

Thank you @LDast. Is there a template for the POPLA appeal that just says this please?
Also, NTOwner came 69 days after the ‘date of issue of notice’, is this an automatic win at POPLA?

Umkomaas

Did you raise a complaint with APCOA?  Do you have a POPLA code?  Given the length of time since the parking event, I doubt you can now appeal to POPLA. 

Best running this down to the 6 months 'end of the line'.

Gr1pr

Cashby said:

Also, NTOwner came 69 days after the ‘date of issue of notice’, is this an automatic win at POPLA?

No, because they had 6 months to obtain keeper details and one month to get the notice to the keeper 

However,  there is no keeper liability on land controlled via bylaws,  no relevant land in this case, so understand the basics here 

Cashby

Appealed notice to owner unsuccessfully (not declaring who was driving) and got a POPLA code. Didn’t raise a complaint. Would like to put in a winning POPLA appeal please.

ChirpyChicken

Just read this forum.

Gr1pr

Cashby said:

Appealed notice to owner unsuccessfully (not declaring who was driving) and got a POPLA code. Didn’t raise a complaint. Would like to put in a winning POPLA appeal please.

You have not stated a location or station or port yet want to know how to appeal it to popla   ?

Once that secret is revealed,  study recent applicable cases,  especially in the popla decisions thread in announcements 

Cashby

Hatfield railway station car park.

Gr1pr

OK, so find and use a recent railway station popla appeal,  as keeper,  based on not relevant land So no keeper liability 

Coupon-mad

And use the other winning point that APCOA only have landowner authority to issue a parking charge notice, but this is a PN.  Not an authorised regime.

That's in any recent APCOA Penalty Notice POPLA landowner thread.  Those are your search words!