Apcoa Parking Cheltenham Parking Charge Notice

PuzzledNonParker

Apologies in advance, I have read the newbies thread and was slightly confused, any help appreciated.

I recently picked up Person A from Cheltenham Train Station using their car. 

The 20 minute stay carpark was full of cars (in spaces, and also queuing) so i whipped the car into the disabled car park which was completely empty at the time.

The car engine was on at all times and the car was stationary for no more than 20 seconds - probably less.

It was dark at the time, so the only two things you  can ascertain from the  pictures  are firstly that all the car lights are on and that the engine is clearly running. And secondly that the car is on angle with the wheel locked in full turn - clearly not parked as nobody would "park" a car at such an angle. You can't tell from the pictures as its dark, but i would suggest that the car is across 2 spaces, again and indicator that it wasn't parked.

I literally swang the car around into the spaces, Person A jumped in, turned the car around, and drove out....

Now Person A has received a Parking Charge Notice within the 14 day timescale, stating a contravention of Use of Private Car Park without a valid payment/permit. No mention of it being a disabled space.

Can they really charge £100 (£50 with early payment) for quite literally swinging a car around (albeit into a disabled area 😔) allowing someone to jump in, and immediately leaving the station? 

It feels decidedly criminal.

And no, i would never park in a disabled space, or park without paying....

Thanks in advance

Coupon-mad

Nobody pays APCOA. The keeper just uses the usual appeal seen in other APCOA Penalty Notice threads.

Assuming this is a PN (not a PCN) just search the forum for APCOA PENALTY STATION and copy what you find, from the past year only.

tastyfish

@PuzzledNonParker

Last November I received a PCN at Cheltenham Spa station. It was the night of Storm Bert, with the rail network at an almost complete standstill due to flooding. The priority for the driver was the overseas, female passenger who needed to return to Leeds and so a drop-off turned into a fiendish but prolonged search for the best route home given the staff at the station were next to useless and giving out contradictory information to each other and the National Rail app...

Anyway, as the RK I received the PCN. There were some ambiguous pics of my vehicle but nothing telling me what the exact contravention was. So, using the template on this board and adding some I challenged it. Not on the extenuating circumstances the driver found themselves in but on a technicality, in that they need to identify the driver and that their PCN was a load of tosh.

Here's a copy of what I wrote:

As I am only the registered keeper of the vehicle, I dispute your 'parking charge'. I deny any liability or contractual agreement and I shall be making a complaint about your predatory conduct to your client landowner. There will be no admissions as to who was driving, and no assumptions can be drawn.

Since your PCN appears to be a standard template, I require an explanation of the allegation and your evidence. The only evidence you have provided is an image of the vehicle which, on its own, does not demonstrate or explain the breach alleged to have taken place according to your PCN.

You must include an actual close-up photograph of the sign you contend was at the location on the material date as well as clear images of the vehicle breaching whatever violation you allege (see above).

If the allegation concerns a Pay and Display Ticket machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

If the allegation concerns any other infringement, such as failure to park within marked bays then you must supply evidence where and how this violation has occurred.

If the allegation concerns anything else then you must supply evidence supporting where and how this violation has occurred.

Please also confirm that you have the correct authority to manage this car park.

Please also confirm if you are a member of any trade bodies or regulator and confirm which trade body or regulator that is.

Finally, please confirm the procedure I, as the registered keeper, can follow, should you reject this appeal so that I may pursue this matter further. Alternatively, I am offering you the opportunity to cancel this PCN if you cannot supply the further evidence requested.

Kind regards,

They cancelled the PCN.

PuzzledNonParker

Definitely a PCN with the reason given as "Use of private car park without a valid payment / permit.

So the best course of action is for the RK to appeal online with a direct copy and paste of the wording you used then Tastyfish?

Should they use any wording to suggest that they know for a fact the car was never actually parked, as they were the person being picked up, or  would this just complicate matters?

Thanks again

Coupon-mad

Should they use any wording to suggest that they know for a fact the car was never actually parked, as they were the person being picked up?

Yes they could add it but why reinvent the wheel? I already posted this:

The keeper just uses the usual appeal seen in other APCOA Penalty Notice threads.

Assuming this is a PN (not a PCN) just search the forum for APCOA PENALTY STATION and copy what you find, from the past year only.

You haven't confirmed if it's a PN or PCN?

PuzzledNonParker

It's 100% a PCN.

Coupon-mad

PuzzledNonParker said:

It's 100% a PCN.

Even easier then!

100% win at POPLA as long as the keeper doesn't go adding words about their story..