Penalty Notice Received While Practising in Station Car Park

Coupon-mad

ShadowNode123 said:

James_Poisson said:

You need to realise that private car parks are bandit country covered by greedy parking companies looking for cash, but also they are private land earmarked to provide parking for genuine customers where a fee may be payable basically for any time a vehicle is on site.

These rules should be spelled out in no nonsense terms and conditions and a driver is deemed to have accepted these after a short period on site.

However this does not mean that a third party greedy company can just get away with anything they like, and the reality is that the parking company like it when people break their rules it's a way of making money with a few threatening letters.

APCOA are pretty useless and benign read the newbies thread and do not divulge the name of the driver, in future use a car park with no PPC or read the T&Cs thoroughly first. 

I acknowledge my mistake and accept that I should have read the sign which states there is only a 20-minute grace period. I wrongly assumed that since I wasn’t parking but only practising bay parking, payment wasn’t required. The issue is that I received the first PN on 17th July for a contravention that occurred on 1st July. Between 1st and 12th July, I practised in the car park three times, and I have now received a second PN today. I’m expecting a third one as well.

The good news is that I had my driving test today and I passed. However, receiving these PNs are causing me a lot of stress.

Congrats!

But you couldn't ask for easier ones to see off. You got lucky, as long as you DO NOT add words to imply who was driving.

ShadowNode123

doubledotcom said:

Is it a "Penalty Notice" (PN) or a "Parking Charge Notice" (PCN)?

It is a Penalty notice (PN). how is it different from Parking Charge Notice?

Coupon-mad

It times out after just 6 months.

And the way to win these PNs at POPLA (second stage appeal) is to say that the landowner authority only allows them to issue Parking Charge Notices, not penalties.

Car1980

I acknowledge my mistake and accept that I should have read the sign which states there is only a 20-minute grace period. I wrongly assumed that since I wasn’t parking but only practising bay parking, payment wasn’t required

Don't apologise at your failure to read a massive long essay in tiny writing on a sign that I am still almost certain did not specifically state you agreed to be charged for practising driving.

The mistake is theirs. I say mistake - the clearer the signage the less money they make.

doubledotcom

Send the following as a Freedom of Information request to the Train Operating Company (TOC) that is responsible for the station where the Penalty Notice was issued:

Dear [TOC] FOI Team,

Under the Freedom of Information Act 2000, I am requesting disclosure of documentation and information relating to the enforcement of parking regulations on [TOC]-controlled railway property, specifically in connection with APCOA Parking UK Ltd.

Please provide the following:

1. Contractual Agreement A full copy of the contract(s) between [TOC] and APCOA Parking UK Ltd, including any schedules or annexes, that set out the scope of APCOA’s authority. This must clarify:

   • The basis upon which APCOA is authorised to issue Penalty Notices;

   • Whether such notices are considered statutory penalties under Railway Byelaws or civil parking charges issued under private contract law.

2. Delegation of Statutory Powers Any clauses within the agreement(s), or separate documentation, that delegate statutory enforcement powers under Railway Byelaws (e.g. Byelaw 14) to APCOA. Please confirm whether:

   • APCOA is authorised to prosecute byelaw breaches in a Magistrates’ Court;

   • The Department for Transport or other statutory body has approved such delegation;

   • Southeastern retains prosecutorial responsibility or oversight.

3. Internal Policy or Legal Guidance Any internal guidance documents or legal opinions relied upon by [TOC] when determining APCOA’s authority to issue statutory Penalty Notices versus private Parking Charge Notices.

4. Revenue Flow Documentation Records, agreements, or policies indicating how revenue collected through APCOA-issued Penalty Notices is processed, and whether funds are paid into the Consolidated Fund, retained by [TOC], or paid to APCOA.

Please consider this request valid under FOIA and provide the requested information in full within 20 working days. Electronic copies (PDF preferred) are acceptable.

Yours faithfully,