APCOA PN Issued at SouthEastern Rail car park: Blue Badge not registered at Blue Badge portal

doubledotcom

It's a fake Penalty Notice. Even if you do nothing, they cannot do anything to you. You can simply ignore everything they throw at you and it will 'wither on the vine', so to speak.

If APCOA truly intended criminal enforcement, the only lawful route is to lay an information in the magistrates’ court within six months of the alleged event, under Railway Byelaw 24. They have no power to impose or collect a criminal fine themselves.

Anyone who tries to appeal one of these fake Penalty Notices through POPLA is simply lending credence to the scam. POPLA has no jurisdiction over penalty notices issued under railway byelaws, and engaging with the process only helps legitimise an enforcement mechanism that doesn’t lawfully exist in this context.

Personally, if I were to receive one of these fake PNs, I'd report APCOA to the police on suspicion that they are attempting to extort money by deception, which I believe is a breach of Section 2 of the Fraud Act 2006.

Coupon-mad

I'd always advise an appeal to POPLA pointing out that the landowner authority only gives them a right to issue parking charge notices, therefore this the PN (illegal or not) wasn't properly given.

However it is FAR more important to tell SouthEastern that this operation breaches the Equality Act and the Surveillance Camera Code of Practice.

FrankCannon

Has anybody raised an FOI request with Southeastern Railway to ask whether APCOA have been given permission to raise penalty notices ?

https://www.southeasternrailway.co.uk/freedom-of-information

Coupon-mad

FrankCannon said:

Has anybody raised an FOI request with Southeastern Railway to ask whether APCOA have been given permission to raise penalty notices ?

https://www.southeasternrailway.co.uk/freedom-of-information

That might tip them off to put it right. 

Mozart57

Half_way said:

Do all drivers need to register at some sort of portal?

That signage is tiny 

What is meant by a "portal" there is no clear indication of what a portal is, or how to use it/get to it 

Do not identify as to who could have been driving, the vehicle/driver should be able to make use of any reasonable adjustments that they may need or any other occupant of the vehicle may need

By all means, complain to the railway company without referencing who could have been driving, main complaint would be discrimination based on disabled people having to undertake additional onerous and incomprehensible tasks that are not required of able-bodied passengers/service users, and they must remove this APCOA system immediately.

Also post on a rail specific forum here : https://www.railforums.co.uk/forums/disputes-prosecutions.152/

title it something like "Byelaw 14 offence - failure of disabled passenger to register on APCOA portal" 

there are rail industry types who frequent that board and anyone with a so-called railway  byelaw parking charge notice ( or whatever) should also post on there to clog it up 

You also need to complain to your MP, and ay other disability rights organisation you can think of - however be aware that you should post on here who you will complain to first as some may be operating hand in hand with the parking industry

Thank you very much. All points noted. On to it now.

Mozart57

Gr1pr said:

I would appeal as keeper using a different template such as the one used in the following thread, especially if you have received a penalty notice 

https://forums.moneysavingexpert.com/discussion/comment/81082015#Comment_81082015?utm_source=community-search&utm_medium=organic-search&utm_term=apcoa+rail+pcn

No point in adding information about delays, they are using the 6 months option,  besides which the 14 days timescale doesn't apply on railway land,  so stick to what DOES apply 

1) use the bespoke penalty appeal as keeper,  no frills,  no extras

2) correct 

3) correct,  bearing in mind that you should read several recent cases whilst 1) & 2) are being processed,  then draft the popla appeal based on those previous cases within the last 18 months 

I've retrospectively added my blue badge details to blue badge portal as I think poster did in this case https://forums.moneysavingexpert.com/discussion/6610282/apcoa-southeastern-penalty-notices-and-blue-badges/p1.

Im preparing to send off my appeal using this template as suggested above:  https://forums.moneysavingexpert.com/discussion/comment/81082015#Comment_81082015?utm_source=community-search&utm_medium=organic-search&utm_term=apcoa+rail+pcn

I shall enclose a photo of my blue badge in the appeal. Is it OK to do that?

Gr1pr

Personally,  I would redact it by hiding the last half of the reference number and also hiding the picture too, but leaving the issue date and name on view, stating that you have done so but will provide the full version in a court of law or to a relevant,  responsible authority 

fisherjim

What a load of garbage from these scammers.

So you have to wade through a load of tiny writing on site to be informed that you should have previously registered your Blue Badge and VRN to obtain their own version of a blue badge permit after your application has been approved.

Not very practical or user friendly especially if you are a first time user, also blue badges which aren't produced for such car parks are not dedicated to a vehicle, but to an individual.

I would have issues putting all that personal information including photographic evidence into a "portal" run by lying scammers!

And what is all this additional faffing achieving, nothing much but a headache for the individual, more like an easy route for Crapcoa!

https://www.apcoa.co.uk/fileadmin/user_upload/UK/APCOA_Blue_Badge_user_guide.pdf

Coupon-mad

Please prioritise the Equality Act 2010 complaint to the landowner without saying you were driving (just 'an occupant of the car and registered keeper').

Certainly no implying who was driving in the appeal farce either but get angry about it. Imposing extra barriers & obligations on disabled people (just because they want to use cameras because it's cheaper) is illegal. 

Mozart57

Half_way said:

Do all drivers need to register at some sort of portal?

That signage is tiny 

What is meant by a "portal" there is no clear indication of what a portal is, or how to use it/get to it 

Do not identify as to who could have been driving, the vehicle/driver should be able to make use of any reasonable adjustments that they may need or any other occupant of the vehicle may need

By all means, complain to the railway company without referencing who could have been driving, main complaint would be discrimination based on disabled people having to undertake additional onerous and incomprehensible tasks that are not required of able-bodied passengers/service users, and they must remove this APCOA system immediately.

Also post on a rail specific forum here : https://www.railforums.co.uk/forums/disputes-prosecutions.152/

title it something like "Byelaw 14 offence - failure of disabled passenger to register on APCOA portal" 

there are rail industry types who frequent that board and anyone with a so-called railway  byelaw parking charge notice ( or whatever) should also post on there to clog it up 

You also need to complain to your MP, and ay other disability rights organisation you can think of - however be aware that you should post on here who you will complain to first as some may be operating hand in hand with the parking industry

I am thinking to complain to Scope and to Disability Rights UK. Is that OK?