APCOA Penalty Notice- Sandy railway station

Marksfish

Wow, this board is huge, with an overload of information. I spent all of yesterday afternoon/ evening reading different threads and information, I am a little bit the wiser, but a lot of info seems to be out of date, so confusing.

My wife took our car to the station (I am registered keeper) and paid by phone for a days parking. We have a call log for the phone call. A text was then sent with a link for her to enter the car reg, which she did. Unfortunately she deleted the sms message, but we have proof from call records the link was followed and payment made to GTR Parking MOTO for the correct amount. The penalty notice shows the (I presume) exit time, no entry time as the car park has a 20 minute pick up/ drop off grace period. The photos on the notice are also not very clear and don't appear time stamped. I was going to use the payments.apcoa.co.uk link to dispute the charge and send evidence, but it seems from other stuff I have read, I don't need to send this initially. I have created the following using different bits from different templates/ threads, would this suffice initially please?

Dear Sir or Madam,

Re: Parking Invoice number 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement, and there will be no admission as to who was driving and no assumptions can be drawn. Private tickets issued in these places are subject to different rules than regular private parking tickets, as the Protection of Freedoms Act 2012 does not apply. As a result, parking firms giving tickets at airports, ports and railway stations cannot rely on keepers having strict liability (meaning that they can't hold a keeper responsible, regardless of who was driving). As there is NO keeper liability then liability cannot flow from the driver to the keeper and thus is an auto win @ POPLA. Please therefore cancel the notice or issue a POPLA code where you will auto withdraw. 

Front and rear of notice below. Thanks for any input.

Coupon-mad

It'll suffice but (to get a rejection letter) but it won't stop them and isn't the point that can win at POPLA. POFA is irrelevant to a PN.

Carry on though, as you want a POPLA code.

Marksfish

Thanks. I have just logged on to appeal and there is a tab for further evidence. Is it worth me submitting that before the appeal, or do I just go straight into appeal?

Coupon-mad

Just appeal to get a POPLA Code.

Marksfish

Okay, thank you.

DjangoUnchained

ive had a couple of these exact penalty notices from apcoa, they refuse your appeal, give you the popla code, you use this quoting the stuff about relevent land , and then they withdraw the charge, easy.

Marksfish

Thank you. All a bit daunting really. Hopefully all will be good.

Gr1pr

It will turn out good as long as you dont blab about who was driving or about what happened 

Concentrate on the Pofa2012 aspects of no keeper liability at the moment,  because in future that may change,  probably next year,  but hasn't happened yet

Marksfish

While awaiting the appeal response, I have been trying to get my head around the situation. So my appeal isn't on the grounds of POFA 20212? Coupon Mad said in the first reply POFA isn't relevant to a Penalty Notice. 

Is it because they have mentioned railway byelaw 14 that is isn't relevant? I am struggling to see what my response should be to the rejection when it arrives. I am also aware I was maybe a little too "quick off the mark" with my appeal, as I should be dragging it out as long as possible. Does my appeal state POFA 12 is not applicable to my situation due to being railway land?

Google doesn't help the confusion much either, or maybe I am just being a bit dim:

James_Poisson

Forget that Google rubbish, await their rejection then get it cancelled at POPLA they have confirmed they are pretending they issued this under byelaws, it's non relevant land, they cannot hold the keeper liable.

It's only APCOA nothing to worry about.

kryten3000

The plan is to extend POFA to Railway land but it won't apply retrospectively.