APCOA unsuccessful appeal

Umkomaas

POPLA have been finding for APCOA in recent Penalty Charge cases. But APCOA needs to respond to POPLA to rebut your appeal.  But sometimes it's all too much of a faff for them and they withdraw. So you'll need to wait and see how it goes on. 

Even if you 'lose' at POPLA, you do not pay this. Only a judge can instruct you to pay APCOA, and APCOA won't go anywhere near a judge. Keep us informed of progress. 👍

Coupon-mad

I would not send those. Too wordy. Won't work.

Just do a POPLA Appeal saying that APCOA only have authority to issue PCNs not PNs

doubledotcom

Coupon-mad said:

I would not send those. Too wordy. Won't work.

Just do a POPLA Appeal saying that APCOA only have authority to issue PCNs not PNs

APCOA is not a prosecuting authority; presenting a private contractual sum as a statutory ‘Penalty Notice’ misrepresents its legal basis and should be reported as suspected fraud (false representation) to the police.

Coupon-mad

No chance, sorry.

hakzz

Coupon-mad said:

No chance, sorry.

I’m really confused now. What do you mean by no chance?

Coupon-mad

Look at the posts I was replying to. I did not say YOU had no chance. But don't allege fraud in civil cases and certainly not at POPLA. It'll fly over their little heads.

I advised what to try. You won't be paying anyway,

doubledotcom

Just send an FoI request to the TOC that operates the station with something along these lines:

Subject: FOI/EIR request – Authority for APCOA to issue Penalty Notices at [Name of station] station car park

Dear Freedom of Information team,

Please treat this as a request under the Freedom of Information Act 2000 and, where the information is environmental, the Environmental Information Regulations 2004. Electronic copies are preferred.

1) Contract and enforcement schedules

The current contract (and all variations/schedules) between [TOC] and APCOA Parking (UK) Ltd that covers [name of station] station car park, including any clauses that define the enforcement model (i.e. use of Railway Byelaw Penalty Notices as distinct from civil Parking Charge Notices), any scope-of-works, and any data processing/KADOE schedules relevant to enforcement.

2) Byelaw authorisations / “authorised person”

Any instrument(s) of authorisation or delegation by which [TOC] designates APCOA (or its staff/agents) as an “authorised person” for Railway Byelaw purposes at [name of station], and any document(s) granting APCOA authority to issue Byelaw Penalty Notices and/or to institute or conduct prosecutions in the magistrates’ court on [TOC]’s behalf.

3) Policies / instructions on PN vs PCN and post-issue process
[TOC] policies, standard operating procedures, guidance or instructions ([TOC]↔APCOA or internal) that:
a) state when a Byelaw Penalty Notice is to be used rather than a civil Parking Charge Notice;
b) set out how unpaid Penalty Notices are pursued (e.g. prosecution vs any civil process, and any use of external appeals bodies such as POPLA);
c) provide wording standards for notices or correspondence which refer to byelaw penalties or criminal prosecution.

4) Templates and signage used at [name of station]
[indent]The current and any superseded templates (since 1 January 2023) of the Penalty Notice and follow-up letters used at [name of station], together with the signage text/artwork at [name of station] that refers to Railway Byelaws, penalties or prosecution.

5) Site plan / boundary and designated bays
The site plan/boundary map identifying the land at [name of station] under APCOA’s enforcement remit and the locations of any “designated bays” relied upon for enforcement.

6) Statistics and outcomes at [name of station] (1 January 2023 – present)
a) Number of Penalty Notices issued;
b) Number referred for prosecution;
c) Number laid before the magistrates’ court and outcomes;
d) Number pursued by any civil process;
e) Number cancelled, including cancellations citing disability, unloading or reasonable adjustments.

7) Correspondence on lawful basis and appeals channels (1 January 2023 – present)

Correspondence between [TOC] and APCOA (and, if held, with Network Rail, British Transport Police, DVLA or the Department for Transport) about the lawful basis for car-park enforcement at [name of station] (Byelaw Penalty Notices versus civil PCNs), including any discussions or decisions concerning use of POPLA for Byelaw notices or the treatment of unpaid PNs.

Format, redaction and advice and assistance
If relying on exemptions (e.g. s.31 or s.43), please disclose the remainder with a redaction schedule and provide the public-interest assessment. Where only pricing or supplier-sensitive details are at issue, please release the authority/authorisation clauses and relevant schedules with limited redactions. If any part is not held, please confirm who does hold it and consider your duties under FOIA s.16/EIR reg.9.

Yours faithfully,

[Name]

Coupon-mad

We'll have to agree to disagree.

hakzz

With all these conflicting answers, I’m even more confused than at the very beginning  

ChirpyChicken

hakzz said:

With all these conflicting answers, I’m even more confused than at the very beginning  

Basically you dont pay.