Compliant NTK Apcoa?

GeauxTigers

I have appealed to Apcoa on occasion and been successful due to non compliant NTK. But this one has been issued using their new template which I believe is compliant. Car park was a railway carpark and charge was paid on Ringo App, but driver selected the wrong vehicle.

My question is, is there a way to appeal and get it cancelled by APCOA now their letter has changed?

Is it possible to challenge by saying the landowner authority only says APCOA can issue Penalty Notices (under byelaws) not Parking Charge Notices under contract law?

Also there is no date of sending?

Any help or advice appreciated.

Edited to say: date of issue well within compliance.

tbu271

The NtK is mostly compliant. The strongest points are covered.

It does fail to mention who the creditor is (who is the £85 owed to?). It can't just be owed to 'APCOA' - on the bottom of the first page, they even admit that APCOA can mean one of several companies.

It does fail to mention a period of parking, although with entry/exit time differences of several hours, I think a judge could be convinced that a period of parking can be inferred, so I wouldn't want to rely on this.

Date of sending is presumed delivered on the second working day after the day on which it is posted (para 9(6) of sch 4). The lack of an explicit sending date stated on the NtK is non-compliant, but it's not going to be the strongest point if a compliant sending date can be inferred from the issue and contravention dates.

You've blanked out the issue date, so here's a calculator you can use for issue/sending date compliance: https://gullibletree.com/tools/pofa-calc-main.html

I'll leave it with others to answer your other questions.

GeauxTigers

It's well within the issue date compliance.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82162260#Comment_82162260

But there is a way that an appeal could win at POPLA. And even if it doesn't, APCOA can be ignored.

"My question is, is there a way to appeal and get it cancelled by APCOA now their letter has changed?"

Yep. Potentially, depending on the Assessor. And yes this is it:

"challenge by saying the landowner authority only says APCOA can issue Penalty Notices (under byelaws) not Parking Charge Notices under contract law"

However, if you are only at first appeal stage, don't use a template, just appeal stating which vehicle was paid for and call it a 'keying error'. Let's see if APCOA comply with the Code by offering to settle at £20.

I wouldn't pay that but some might. And if they don't offer it, then that's a second POPLA appeal point.

GeauxTigers

I'm only at first appeal stage, so will do the keying error as I didn't know that re the £20 settling offer in the code.