APCOA PCN appeal for overstay at a station pick up/drop off failed

PCNAppealer01 · 6 March at 2:12PM

Hi, I'm just looking for a bit of advice. Some kind person collected our daughter from the local station after a school trip to the cinema. The train home was significantly delayed until well past midnight and said person overstayed.

I was sent a PCN as it was my car that was used. I responded based on other advice and said that as it was railway land (signed at the entrance) their issue was with the driver and there was no obligation on me to tell them who that was.

Their response is here and I'm looking for advice if it's valid or not before looking at a POPLA appeal.

Thanks in advance

Coupon-mad · 6 March at 2:28PM

" I responded based on other advice and said that as it was railway land (signed at the entrance) their issue was with the driver".

That's out of date. Railway land changed to fall under POFA on Boxing Day.

But that doesn't mean the PPC used a POFA worded notice but you'll know which version you have because you will have seen my NTK pictures thread (linked in the NEWBIES thread).

POFA or non-POFA? we have never ever seen a POFA PCN from APCOA…but you could be the first. You tell us!

PCNAppealer01 · 6 March at 3:28PM

My initial look had me thinking that it's non-compliant as it looks very like the non-POFA APCOA one in your thread. Having looked closer on the back of the original I think it might actually be compliant. The wording seems to suggest if I don't say who then it transfers to me as the keeper and is similar to the Amtrak compliant one just above it the same thread.

Is there somewhere I can go to find a bit more but this looks like the driver is bang to rights?

Coupon-mad · 6 March at 3:35PM

Ooh I say!

The first ever POFA-worded NTK seen from APCOA!

Now please DO show us the whole thing, both sides, including ALL dates showing.

I need that for the NTK pictures thread.

APCOA never sue anyone so either:

don't try POPLA, just ignore them and tell them if you move house just in case, so you see every letter,

or

try POPLA citing clause 14 and Appendix G of the Code of Practice about landowner authority and add a second appeal point, about unlit signs at midnight, supported by photos taken in the pitch black (NOT at dusk, go there at midnight to replicate it).