Appealing a legitimate parking charge notice

Bramble18 · 12 April 2018 at 3:43PM

Hi,

Are there grounds to appeal a parking charge notice where the driver was at fault, even if they didn't realise at the time? In our case the driver parked at a train station car park beyond the free 20 minute window. They didn't purchase a ticket as they were collecting a train passenger and just didn't think to buy one (having arrived slightly early for the train's arrival).

I've read all the posts about appealing as the keeper. But would this apply where we were really at fault? We have no evidence to appeal the decision (i.e. a ticket).

I feel as though we ought to pay up, and learn a slightly expensive lesson, as it doesn't feel like there are grounds to appeal. But before we took any action I wanted to check.

Many thanks in advance for any advice.

waamo · 12 April 2018 at 4:07PM

What is the obsession with people thinking they should pay? Look at the top of this board. There is a thread that tells Newbies to read it first. You need to read it. It tells you how not to pay.

Which parking company is this? Is it Indigo by any chance?

The_Deep · 12 April 2018 at 4:43PM

No matter how guilty you think you are, on railway land it is very highly likely that you are not, do not pay a penny, unless they take you to court and win.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Fruitcake · 12 April 2018 at 4:45PM

I'm not sure where you get the idea that an unregulated scam industry dishes out legitimate charges, but there are usually many grounds to appeal an unfair ticket. These are all explained in the sticky thread for NEWBIES as already advised.

Bramble18 · 12 April 2018 at 5:13PM

Thanks for the speedy responses. I did diligenty read the guidance for newbies.
My concern was over the fact that if our appeal isn't initially successful we don't actually have any evidence or grounds to uphold it. Presumably there is a sign at the train station that says you can't park there for longer than 20 minutes (which we did) so presumably, under those circumstances, Apoca (in our case) are perfectly entitled to issue the notice. Unless I have completely missed something, or we'd have reasonable grounds to appeal purely because they can't enforce it.

Sorry if any of this is covered elsewhere. Or if I've misunderstood it all. I did try searching the hundreds of threads but couldn't find a simple answer.

waamo · 12 April 2018 at 5:17PM

You presume there is adequate signage? That's a big assumption. If you didn't see it it clearly isn't adequate.

Poor signage is good grounds to appeal.

The_Deep · 12 April 2018 at 5:26PM

Apoca (in our case) are perfectly entitled to issue the notice.

No, not to the keeper, asking for money All they can do is ask him/her who was driving. You are obviously not familiar with the POFA scheduled land RK exemption for car parks governed by bye laws.

There is no point in looking for a simple answer, there isn't one. Take it from us, Apcoa are trying to scam you, I can say this from personal experience. Read this

http://forums.moneysavingexpert.com/showthread.php?t=5674134

They always capitulate when faced with a forum aided defence.

Coupon-mad · 15 April 2018 at 12:20AM

Bramble18 wrote: »

Thanks for the speedy responses. I did diligenty read the guidance for newbies.
My concern...

...is nothing.

We beat APCOA at POPLA 100% of the time, because they CAN'T hold a keeper liable.

You have a letter addressed to the person who can't be held liable and you have (from us) a template appeal to submit ONLINE, that doesn't tell them who was driving. The keeper then gets a rejection & POPLA code and they simply copy any other APCOA railway POPLA appeal (search for those words on this forum, this is easy)!

You then WIN, because APCOA will not contest the POPLA appeal. YOU PAY NOTHING.

They crawl back under their stone alongside all the other firms in this rotten, rogue industry.

They were (sort of) entitled to write to the keeper but they're NOT entitled to hold them liable.

NO-ONE pays APCOA here, never mind why the fake PCN demand was issued, it's a scam.*

I have been advising here for a decade and have NEVER seen anyone pay APCOA.

*Hansard 2.2.18 - see the NEWBIES thread for the words from MPs, unanimously agreeing.

Appealing a legitimate parking charge notice

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