APCOA appeal denied & complaint as not issued under railway byelaws

SockGin9865

Received a Parking CN as the car was parked in a train station carpark during peak hours through the day but parking was only paid for in the evening, before leaving the car park. Paid via the app which says it's for "1 day", but realised after it only covered the off peak hours & has no option to late pay to include on peak so ultimately paid £2 or so less than required. Confusingly the signs refer to their website and app as Apcoa Connect but only the website has the late pay option.

Appealed PCN (did not say who the driver was) on the basis the parking was valid over the time stamp in the first letter APCOA sent & they rejected stating the car entered car park several hours prior - although they didn't send this entry image in the first PCN letter.

Then found this forum & sent a complaint using a template from this forum shared on a similar thread - (https://forums.moneysavingexpert.com/discussion/6557430/recent-penalty-notice-from-apcoa-station-car-park/p2 - the complaint letter from LDAST). Received a response saying that the complaint is invalid as the PCN wasn't issued under railway byelaws.

Based on advice from this forum, my next step was to wait until a month after the appeal rejection to appeal to POPLA using the 'Appeal to POPLA: Penalty Notice Issued by APCOA Under Railway Bylaw 14' shared in the thread linked above, but given APCOA have said it wasn't issued under railway byelaws, this wouldn't be valid.

Any advice appreciated! Was issued for using a private car park without valid payment.

SockGin9865

For more info, my appeal was: I had a parking session valid for X:XX, the time of the alleged contravention. My receipt is attached, showing parking began two minutes prior at X:XX.

Only came across this forum after so well aware this is not the recommended appeal - hoping situation is salvageable though!

The response was: 

Although we appreciate the evidence provided, you have paid the incorrect tariff for your parking session.

The ANPR system has captured your vehicle arriving on site at *morning* and departing at *evening*.

The payment you have made of £X covers the time period of *evening exit -2 minutes* onwards and is an off-peak tariff.

As a result, your payment was insufficient as it did not cover your entire stay onsite. It is the motorist’s responsibility to ensure that they have a valid payment for the entire time that they are parked in the car park and that this payment is made straight away when parking.

All payment options are advertised on site. The signage within the car park informs the motorist that a Parking Charge Notice will be issued if they fail to make a valid payment.

As your vehicle was parked in contravention of the terms and conditions of the site we are satisfied that the notice was correctly issued in accordance with the BPA code of practice, and therefore not able to waiver the charge on this occasion.

Please note that this car park is pay on arrival. We do, however, offer the option of LatePay. This option must be selected when purchasing your parking session so that you can backdate it to your arrival time. Please be advised that this option is only available via the APCOA Connect website up to 24 hours after your initial arrival on site.

Fruitcake

Appeal to PoPLA as keeper if/when your initial appeal is rejected. (You cannot appeal until you get a PoPLA code).

As long as the car park is a railway asset, then your appeal should be based on not relevant land, bylaws apply, no keeper liability.

APCOA are benign and to date do not issue court claims as far as I am aware. If your PoPLA is rejected, then ignore powerless debt collectors.

Coupon-mad

So it was headed Parking Charge Notice (...not Penalty Notice)?

Keeper appeals saying that it's non-PoFA therefore no keeper liability. Keeper wins!

1505grandad

"Appealed PCN (did not say who the driver was)........."

"For more info, my appeal was: I had a parking session valid for X:XX, the time of the alleged contravention. My receipt is attached, showing parking began two minutes prior at X:XX."

Just checking  -  the above seem contradictory  -  does the ppc know who the driver was?

SockGin9865

1505grandad said:

"Appealed PCN (did not say who the driver was)........."

"For more info, my appeal was: I had a parking session valid for X:XX, the time of the alleged contravention. My receipt is attached, showing parking began two minutes prior at X:XX."

Just checking  -  the above seem contradictory  -  does the ppc know who the driver was?

Didn’t think paying for the parking was admitting to being the driver but maybe it is in their eyes, unsure.

SockGin9865

Coupon-mad said:

So it was headed Parking Charge Notice (...not Penalty Notice)?

Keeper appeals saying that it's non-PoFA therefore no keeper liability. Keeper wins!

Yes, Parking charge, not penalty. How should I appeal this, to POPLA? Have already appealed to Apcoa and was denied.

SockGin9865

Coupon-mad said:

So it was headed Parking Charge Notice (...not Penalty Notice)?

Keeper appeals saying that it's non-PoFA therefore no keeper liability. Keeper wins!

Hi, sorry just to double check - based on my appeal being ‘ I had a parking session valid for X:XX, the time of the alleged contravention. My receipt is attached, showing parking began two minutes prior at X:XX’

Am I still able to appeal to PoPLA based on not relevant land, bylaws apply as per above comment? Presume I can just use a template from this forum?