APCOA parking charge at train station

bitten_by_cutie

Hi, I got a parking charge for £50 if I pay now, £85 if I wait. I am the registered keeper and got the letter. My family member was the driver and says they thought they’d paid as parks there every day but can’t find the sms or app evidence so maybe it didn’t go through.

I am confused by reading about the station Byelaws that changed in December.

If relevant, any cctv will show the driver is a different gender and vastly different age group to me. I asked 2 different AI and got opposite answers!

Can I refuse to give driver details? This is APCOA.

sheenas

First you say train station and byelaw. Does the pcn refer to railway byelaw 14 and Are you in England or Scotland?

Gr1pr

Railway land in England and Wales is now subject to Pofa2012 since boxing day last year, so wont be subject to bylaws, especially if the pcn was issued by APCOA and was a Parking Charge Notice

Any CCTV is irrelevant

Are the RK and the actual driver definitely 2 different people. ?

Yes the recipient can refuse to name the driver, or can name the driver in order to transfer liability to the driver from the RK

Does the NTK PCN letter comply with Pofa2012. ?

bitten_by_cutie

England. Yes the driver is actually not me. I am the keeper and the letter came in my name.

The only thing it does not comply with so far is there is an entry date and time and exit date and time with pics but no pic of it parking in a bay and no duration.

Coupon-mad

Was it received at your house by day 14?

Just ignore APCOA. If they ever try a claim it'll be easy to defend. No paying.

bitten_by_cutie

https://forums.moneysavingexpert.com/discussion/comment/82109874#Comment_82109874

https://forums.moneysavingexpert.com/discussion/comment/82109874#Comment_82109874

What’s the defence you mentioned ? I would like to know it for my peace of mind. When you say ignore APCOA, I put in an appeal right? It was day 15 but I read that it is deemed delivered 2 days from letter date, it wasn’t even close.

Coupon-mad

Show us both sides of the PCN in case they used a non-POFA version. We shouldn't assume.

kryten3000

Don't stress about the specifics. Parking companies and their debt collector/solicitor parasites like DCB Legal and Gladstones issue thousands of claims every month. They are all the same and easily defended regardless of the circumstances of issue. If you defend as keeper you have "not the driver" as a defence, especially if APCOA failed to use the Protection of Freedoms Act properly.

Another tactic is to wait until the issue of a Letter of Claim and name the driver at this point. Then if they claim against the registered keeper anyway, you have an absolute defence.

bitten_by_cutie

I actually had the charge cancelled after I appealed.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82124844#Comment_82124844

Nicely done.