POFA titled Penalty Notice, not Penalty Charge Notice and other Q's

johnnymango89

Hi,

For background, I received a POFA from APCOA for 'use of taxi rank without a valid authorised permit' at Brighton train station, when dropping my mother off on April 17 (date of notice is 8 May). I was pictured entering the taxi rank at 16.02, and leaving at 16.08.

I have read the newbies thread as best as I can, and understand that the best course of action is to try appeals, take as long as possible over each stage of appeal, ignore debt collector letters, await 6 months to elapse. However, a couple of questions regarding the letter and appeals:

- The POFA from APCOA is titled 'Penalty Notice', yet the body of the letter refers to a 'Penalty Charge Notice' I was under the impression this is a PCN, and a PN was different. Is the mix of wording done to confuse me? Could it indeed by a PN? I am probably just getting hung up on nothing, but I have read snippets that suggest there is a big distinction between the two!

- I have searched for recent threads about appeal templates for the context I am in, and have found this one. https://forums.moneysavingexpert.com/discussion/6349447/apcoa-penalty-notice-taxi-rank/p1. I will adapt to fit my situation, most notably removing the explicit statement that I wasn't the driver of the vehicle (whilst not explicitly stating that I was!). The thread stresses to not tick anything when logging an online appeal that says I was the driver, yet I am presented with these options. I am a little confused over which was (apart from the explicit I was not 'registered driver') is the best option? Should I just click 'other'

• My vehicle was stolen
• The contravention did not occur
• The amount specified on the notice is incorrect
• I was not the Registered Keeper/Driver at the time of the contravention
• Mitigating circumstances prevented me from parking correctly
• My vehicle has been cloned
• Other

Thanks!


 

Half_way

Whatever you do do not attempt to name the driver, do not use terms like I he she mother father husaband wife sister etc

Gr1pr

If the word says Penalty,  nit Parking,  then it's a Penalty Notice,  or Charge Notice,  or Penalty Charge Notice,  but in any case it must be a bylaws case and schedule 4 of POFA 2012 doesn't apply,  so no keeper lliability 

Dont overthink this, appeal as keeper using Other,  same as all the other train station cases on here

No blabbing about who was driving,  or inferring it , A N Other may have been the driver,  or Joe Bloggs 

Coupon-mad

Choose Other.

Keeper appeals. APCOA reject.

Keeper then appeals to POPLA saying:

- The signs are appalling;

- The byelaws are not displayed in the roadway so a driver can't be in breach of a byelaw

- The landowner authority only gives APCOA a limited instruction under a Services Agreement, whereby they can't sue people in their own name and only have a limited allowance to issue PARKING CHARGE NOTICES not Penalty Notices, so this PN was not properly given. 

- Appellant wins.

...and next time, the driver doesn't turn left here at the roundabout:




Instead, the driver stops temporarily on street (perfectly legal) on the PUBLIC HIGHWAY double yellows straight across the mini roundabout, here (but not across a dropped kerb of course):



Or you can drop a passenger at the kerb - double yellows, it is allowed to set down passengers - in the first section of Stroudley Road on the left by the pedestrian area where they then walk up the steps to the station.

Or you can use the drop off bit - left turn - within the station's NCP multi storey car park for max 15 minutes without having to pay the tariff.

But why would you, when dropping off and picking up passengers is what double yellows are there to enable?

Just DON'T turn left then left again. Taxi area now. Used to be drop offs 5 years ago but not now. Appalling trap lack of signage. Luckily easy to appeal or ignore.

johnnymango89

Thanks so much for everyone's help. Appeal submitted just now, will definitely not be turning left at that roundabout again. 

I'm new to this shady world of parking penalty notices, and glad to see the kind help of MSE forumites in fighting their dodgy behaviour. Here's to another resistor! 

Coupon-mad

APCOA are easy to ignore (a PN times out in just 6 months). Appeal each stage RIGHT AT THE END of the window for doing so, then if POPLA fails to deliver, you are nearly there and can ignore it.

Coupon-mad

johnnymango89 said:

Thanks so much for everyone's help. Appeal submitted just now, will definitely not be turning left at that roundabout again. 

I'm new to this shady world of parking penalty notices, and glad to see the kind help of MSE forumites in fighting their dodgy behaviour. Here's to another resistor! 

Did they give up yet?