APCOA fine appeal Decline, what next?

shundeez

Hello All,

I received a Penalty Notice for parking at a train station without a valid ticket. I appealed via the APCOA website with the below. 

I did not mention the driver. The appeal has been rejected. I cannot find what to do next on this forum. Is there a reply template I can use to respond to POPLA?

Appreciate a nudge in the right direction. Thanks


My Appeal:

"I am the registered keeper. APCOA cannot hold a registered keeper liable for any alleged contravention on land that is under statutory control. As a matter of fact and law, APCOA will be well aware that they cannot use the PoFA provisions because Tonbridge Station is not 'relevant land'.

If South Eastern Railway wanted to hold owners or keepers liable under Railway Bylaws, that would be within the landowner's gift and another matter entirely. However, not only is that not pleaded, it is also not legally possible because APCOA is not the station owner and your 'Penalty Notice' is not real and is simply an "offered contract". It is created for APCOA's own profit (as opposed to a real bylaws penalty that goes to the public purse) and APCOA has relied on contract law allegations (unlawfully using language that threatens criminal liability) of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your fake Penalty Notice which is, in reality, only an "offered contract", can only hold the driver liable. APCOA may be able to fool POPLA and so will incur a fee for an assessor to falsely adjudicate on an alleged criminal matter which would never see a prosecution because it would expose APCOA for the attempted fraud being perpetrated here. So you are urged to save us both a complete waste of time and your money and cancel the PN."


Their response:

"On this occasion, your appeal has been unsuccessful for the following reason/s.

As this Penalty Notice was issued on Railway Land, we operate under the Railway Byelaws. As advised

under Railway Byelaw 14.4(1) "The owner of any motor vehicle, bicycle or other conveyance used, left or

placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that

area". Therefore, in this instance the registered keeper is liable, and we are unable to transfer liability to

the driver.

Whilst I have noted the points raised in your appeal, a ticket was not purchased to cover your vehicle on

this occasion. As per the Terms and Conditions of Parking 'Failure to purchase a valid parking session,

APCOA Connect session or valid parking permit' may result in a Penalty Notice being issued. Payment

must be made before making use of the parking services to avoid incurring a Penalty Notice."

Coupon-mad

Wait until the last day (POPLA Codes last 33 days, not 28).

Appeal to POPLA saying that APCOA only have landowner authority to issue contractual PCNs. They have no authority to issue Penalty Notices nor to pursue them in the Magistrates' Court.

The reason to delay is to waste time & get closer to the 6 months when it is timed out.

shundeez

Thank you @Coupon-mad

doubledotcom

What was the date of the alleged contravention? They are not allowed to issue Penalty Notices for alleged breaches of contract on railway land since 26th December 2025.

Here is the response to an FoI request I made last year to SET regarding APCOA issuing PNs at their stations:

The main point being: "APCOA does not prosecute byelaw breaches in the magistrates' courts, we have not delegated prosecution of this power. Southeastern retains prosecutorial responsibility."

Coupon-mad

doubledotcom said:

What was the date of the alleged contravention? They are not allowed to issue Penalty Notices for alleged breaches of contract on railway land since 26th December 2025.

Here is the response to an FoI request I made last year to SET regarding APCOA issuing PNs at their stations:

The main point being: "APCOA does not prosecute byelaw breaches in the magistrates' courts, we have not delegated prosecution of this power. Southeastern retains prosecutorial responsibility."

That's very useful to help see off the last few PNs at POPLA.

shundeez

Thank you @doubledotcom.

The PN was for the 11/12/25

So presume this would not apply?

Can anyone recommend how I respond to POPLA. Thanks

Coupon-mad

The NEWBIES thread already covers POPLA stage. We don't do POPLA piecemeal as it's not worth the time for you or us!

But I already told you what to say:

"Wait until the last day (POPLA Codes last 33 days, not 28).

Appeal to POPLA saying that APCOA only have landowner authority to issue contractual PCNs. They have no authority to issue Penalty Notices nor to pursue them in the Magistrates' Court.

The reason to delay is to waste time & get closer to the 6 months when it is timed out.

shundeez

perfect, Thanks.