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APCOA Parking St Albans College

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I have tried to follow the recommended procedures on the other thread *NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** and how HOW TO BEAT A PRIVATE PCN: BY APPEAL, COMPLAINT, OR DEFENCE.

The story so far

1. Windscreen PCN ticket from Apcoa - paid but got a breach of contract code?
2. Car owned by company not an individual
3. Waited 3 weeks / 26 days
4. Tried to appeal using on line portal but could not access this with the PCN given
5. The portal did not recognise the serial number as it does not start with 2 alphabetic characters followed by numbers or 2 characters plus 8 digits or 7 digits and A.
6. Sent by in post with copy of using fit all appeal template, PCN, portal screen shot failure
7. Contacted APCOA live chat to see why the reference number could not be appealed - they confirmed also they could not find the PCN reference also and requested copy of the PCN by email - live chat manuscript copied for future use
8.Email sent - re sent all appeal info sent by post
9.Now waiting for reply having appealed on day 26 as a windscreen PCN
10.Waiting to see if notice to keeper is received between day 29 and day 57
11.If not received will include 'no keeper liability' at POPLA stage.
12. Assume at the very least a rejection letter with POPLA code will be issued

Hopefully I have not missed a trick so far and I have created this new thread account as the next step looks like a need to produce a very detailed response of the facts for a POPLA appeal.

I have looked at a few previous responses looks like I need to include

a. The Notice to Keeper was insufficient under the Protection of Freedoms Act (POFA) 2012 and as keeper not driver I am not liable for this charge.
b. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
c. "Maybe" a compliant Notice to Keeper was never served - no Keeper Liability can apply.
d. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
e. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself

Have I missed any relevant points as may need some good advise here to look over it and what points to include.

If there is a good catch all POPLA appeal format available that worked - what is the best one to use

Thank you!

Comments

  • KeithP
    KeithP Posts: 37,638 Forumite
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    If there is a good catch all POPLA appeal format available that worked - what is the best one to use.
    Have you looked at the illustrated examples linked from post #3 of the NEWBIES FAQ sticky thread?
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    You can use most of any one you find when you search:

    APCOA POPLA

    ...just not the byelaws point that only relates to Airports & Railways.
    Car owned by company not an individual
    So did you appeal as 'the Company'?

    Or did they name you as the lessee/hirer first, then you appealed on that basis as an individual?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Minotaur_Bull
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    Had a quick look only - they seem very complicated and specific but will review in detail very soon
  • Minotaur_Bull
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    The car is owned by company not an individual so yes appealed as 'the Company'
    No individual was mentioned
    Just waiting to see if they contact DVLA and write to the keeper (the company)
    PCN was just issued to registration number
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Be aware that this is a scam, an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

    Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

    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 in the not too distant future.https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting,
    You never know how far you can go until you go too far.
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