Yes and then the person might not win at POPLA because what you have described is hit and miss. Not a winning appeal, bound to lose first stage at least, and in danger of blabbing about who was driving. DON'T DO THIS.

Yes and APCOA will either:

- fold first time, or

- fold when they see the next stage POPLA template (very long).

We have 100% record v APCOA, so no trying to reinvent the wheel.

What you are missing is the subliminal message in the template appeal that tells APCOA you have found MSE, and they will lose if they continue.

Wow, thank you for the quick reply!

When you talk about MSE what does that mean?

The scary thing about fighting this, is the scare monger tactics employed by these companies, especially the amounts of money they band around.

What is the name of the website you are now reading?

Lol!!

My apologies, my brain isn't working properly after a long hot day at work.

You'll soon see that APCOA are far from scary! They'll fold with their tail between their legs...

Having spoken to the keeper their concern is that it is in their name and that it could develop further by appeals being unsuccessful and then get taken to court. They don't want to pay it because the amount is obscene.

Is there any other advice that can be given?

Really appreciate all that has been said so far, thank you.

Do you really think that the regulars on here put in hundreds of hours of their own time into advising/writing guides etc for there to be a magic other way??


It's only APCOA and it's an airport use the tried and tested advice given, it won't go to court!

So the NTK is non-POFA compliant and the alleged event happened on non-relevant land where byelaws apply. Two holes in one at PoPLA, so tell your friend to get stuck in and see CRAPCOA off.

Initial appeal as per the template from the NEWBIES, second stage appeal using all the relevant template points from post 3 of the NEWBIES.

Copy and paste and send. Not much effort required.

They should also complain to their MP about this unregulated scam.

APCOA and Court in the same sentence? You're 'avin' a larf!

http://www.parkingappeals.info/companydata/APCOA_Parking_UK.html

Over 200,000 tickets issued in the past 2 years and just one court case (which was 2 years ago and probably nothing to do with parking at all!). Is your friend feeling (un)lucky, punk?

Just had a read of POFA 2012, am I right in saying that because there were 17 working days from when the alleged incident happened until the date of issue of the NTK that they haven't got a leg to stand on?

Why are you reading POFA?

You have already been told that this event did not take place on 'relevant land', so I am left wondering why you are asking?

What does 'haven't got a leg to stand on' mean in this instance?

If the NtK arrives late with the keeper, all that means is that they cannot use POFA2012 to transfer liability to the keeper.

Does POFA even mention 'working days'?

Sorry, I misunderstood the previous comment.

Thank you for pointing out where I have gone wrong.

As you can tell I haven't done this before so if I make a mistake on here then I will at least get the right info to the keeper.

WE WIN 100% OF CASES V APCOA.

repeat after me!

WE WIN 100% OF CASES V APCOA.

What the heck are you worried about, APCOA are one of the easiest to beat!

Hey,


Bit of an update......

The owner sent an appeal using the regular template from the newbies section. Apcoa sent a reply saying they would reply in due course with their decision.

About a week later the owner received an email with an attachment with their decision, this attachment is totally unreadable and various programs have been tried but none will make it readable.
The owner tried to reply to that email but it bounced back saying 'undelivered' so Apcoa was contacted via their website using the 'contact us' and a strongly worded letter to their 'customer service' team was sent detailing what has happened with their decision requesting they contact the owner. So far there has been no reply and it's been a week since the owner tried to contact them.
Was this the right thing to do? If not, how would you advise to proceed on this?


Thank you.

if you get nowhere with APCOA then you follow the advice in the NEWBIES FAQ sticky thread and complain to the BPA aos compliance team with a brief timeline and copies of all correspondence etc

chances are APCOA will cancel it as soon as the BPA contact them about it

complain about no legible rejection with a POPLA code


also tell that keeper they are bulletproof seeing as POFA2012 does not apply at BHX and there is no keeper liability whatsoever , especially because bylaws apply

Fantastic, thank you very much!!

When you complain to the BPA, copy it in to the DVLA too. And why not get your MP lined up too, given that Parliament is now getting involved in bringing this out of control skimdustry to heel.

Here are a couple of DVLA email addresses to try. The 'ccrt' one used to work (and is the most direct contact), but there are reports that it's been a bit sticky of late - try it, if no good, use the alternative.

ccrt@dvla.gsi.gov.uk

FOI@dvla.gsi.gov.uk

Hi,


The keeper received a reminder notice explaining that no payment or appeal had been made so the outstanding payment is £100, this is totally untrue as by their admission on their website is that you cannot appeal the parking charge notice twice.
The keeper has emailed the BPA to inform them that APCOA have not supplied a POPLA code, all dates of correspondence and evidence have been sent to the BPA. They replied to say that they would investigate this and get back to the keeper in due course stating that it can take around 14 days.
The keeper also emailed the DVLA complaingin about the release of information from the DVLA vehicle register, this was the reply they received -



"Dear XXXXX
Thank you for your email of XXXX 2018 about the release of information from the Driver and Vehicle Licensing Agency’s (DVLA) vehicle register.
The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of the Data Protection Law are met. The Agency must strike a balance between ensuring the privacy of motorists is respected while enabling those who may have suffered loss or damage to seek redress.
Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 permits the disclosure of vehicle keeper information to those who can demonstrate a reasonable cause for needing it. The release of information under this legislation is not based on the consent of the data subject. Regulation 27 provides a legal gateway for the release of information. Disclosure in these circumstances does not breach the Data Protection Law and the Information Commissioner’s Office is fully aware that data held on the DVLA’s records is released in this way.
Drivers choosing to park a vehicle on private land do so subject to the terms and conditions set out on signage in the car park. The need to contact individuals who may not have complied with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to address disputes. I hope you can appreciate that if this were not the case, motorists would be able to park with disregard for the conditions applying with little prospect of being held accountable.
I have investigated this matter fully with APCOA Parking (UK) Ltd and they have provided satisfactory evidence to demonstrate reasonable cause to obtain keeper data from the DVLA. Keeper details were required for the alleged contravention of failing to park in a designated parking area.
The company in question APCOA Parking (UK) Ltd are members of the British Parking Association (BPA) which is an ATA for the parking industry. The BPA’s code of practice is published on its website at .......... under the heading “Approved Operators Scheme”. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company did not comply with the BPA’s code of practice, you may wish to contact the BPA at Stuart House, 41- 43 Perrymount Road, Haywards Heath, RH16 3BN.

I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our Complaints Team and I have provided a link to our complaints procedure for your reference:............
Yours sincerely
Sent via email
Zoe Newson Data Compliance Officer"


After reading several other posts on here and elsewhere this seems to be the sort of reply expected from them. Is it worth the keeper responding to this email or raise the matter further? Can the question be asked "what the satisfactory evidence is?" As stated on the standard appeal to APCOA the keeper has stated they are not the driver but the DVLA are talking about this, again another point to raise with them?


Are there any other questions or points that could be raised with the DVLA or does the keeper now just wait on the BPA response?


Many thanks in advance to any time taken out by yourselves to help the keeper with this one.

msx.com, have you read Regulation 27 (1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002?

You will find that it is as the DVLA say - the PPC has to have 'reasonable cause' to ask the DVLA for the keeper's details.

If you were to ask DVLA for proof of that 'reasonable cause', all you would get back is something like:

APCOA requested keeper details in order to ask the keeper for the name and address of the driver at the time of the alleged parking incident.