APCOA railway NTK doesn’t have timestamp on exit ANPR photo

annoyedkeeper1234

Hello,

I’ve just received a notice to keeper parking notice from APCOA relating to a railway carpark. The exit ANPR photograph doesn’t have a time or date stamp (the entry one does). The body of the NTK does specify the exit time. Is this enough for it not to be POFA 2012 compliant or to win on appeal at POPLA?

Thanks in advance for any advice.

cooldude255220

Why don't you post a suitably redacted copy of the Notice? There are myriad reasons why it might not be POFA-compliant but without seeing it, we can't tell you.

annoyedkeeper1234

I’m happy to post the photo (I’ll just prepare it now), but I think its wording is identical to another ACPOA NTK that’s been posted on here that’s been confirmed as POFA compliant, and it was delivered within 14 days of the incident.

annoyedkeeper1234

Here’s the NTK:

cooldude255220

Unfortunately I think you're right, but thanks for posting nonetheless.

https://forums.moneysavingexpert.com/discussion/comment/81980567#Comment_81980567

Regarding your original question, it might be worth raising in a POPLA appeal the following (but other forum members might be better placed to advise).

Paragraph 7.3 of the Single Sector Code of Practice states that "Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless … b) the images bear an accurate time and date stamp".

Paragraph 7.4 states that "Parking operators must not digitally or by other means alter images used as photographic evidence" other than in circumstances which do not apply in the present case.

The Notice to Keeper contains what appears to be a photograph of a vehicle leaving the premises, but this photograph does not contain a time and date stamp.

Either the the image never contained a time and date stap, and thus does not comply with Paragraph 7.3; or the original image did, but it it has been altered, and thus does not comply with Paragraph 7.4.

Here is a similar appeal (albeit I think this was based on the BPA Code of Practice rather than the single sector code) which was successful on similar grounds:

https://forums.moneysavingexpert.com/discussion/comment/80589591/#Comment_80589591

Coupon-mad

Yes that is POFA worded but if one of the photos has no timestamp, that is potentially a winnable POPLA point worth trying.

Either way, you'll never have to pay this.

annoyedkeeper1234

Thanks for your advice on this! I appreciate the time you give to help people.

kryten3000

Don't forget that POPLA isn't binding on the motorist and APCOA don't currently do court.