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  • FIRST POST
    • Kingsley Lion
    • By Kingsley Lion 6th Aug 18, 3:34 PM
    • 3Posts
    • 0Thanks
    Kingsley Lion
    How long before it all goes away?!
    • #1
    • 6th Aug 18, 3:34 PM
    How long before it all goes away?! 6th Aug 18 at 3:34 PM
    Long story short(ish).
    Received a PCN in the post from APCOA after parking at a railway station.
    Research on these posts led me to a great template for appeal for a lease car - The car in question is kept in my name at my employers address.
    I've sent the appeal 3 x now, and only at the last letter did APCOA respond - basically saying they need proof that I'm the 'higher of the vehicle' (sic), [but I know that under POFA I don't need to provide this] and because I didn't confirm that I'm the driver they cannot redirect letters to me due to GDPR - I assume this is covered under POFA too???
    My fleet manager is still getting letters - 6 so far I think which I keep ignoring as they are from agencies (Both DRP and Zenith, which are believe are the same company).
    At what point to I get to send a 'Cease and desist' for the harassment? Or do I just wait until they end it?
    I assume they won't take me to court, as they haven't even raised a POPLA code yet.
    Many thanks
Page 1
    • Umkomaas
    • By Umkomaas 6th Aug 18, 3:44 PM
    • 18,840 Posts
    • 29,639 Thanks
    Umkomaas
    • #2
    • 6th Aug 18, 3:44 PM
    • #2
    • 6th Aug 18, 3:44 PM
    Complain to Steve Clark of the BPA that APCOA are being intransigent in dealing with your case. All they need to do is issue a POPLA Code, then you can deal with POPLA.

    steve.c@britishparking.co.uk

    Copy to the DVLA.

    ccrt@dvla.gsi.gov.uk

    How long has all this been going on?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Kingsley Lion
    • By Kingsley Lion 6th Aug 18, 4:42 PM
    • 3 Posts
    • 0 Thanks
    Kingsley Lion
    • #3
    • 6th Aug 18, 4:42 PM
    • #3
    • 6th Aug 18, 4:42 PM
    The alleged offence was 10 January - so almost 8 months!
    • Umkomaas
    • By Umkomaas 6th Aug 18, 4:46 PM
    • 18,840 Posts
    • 29,639 Thanks
    Umkomaas
    • #4
    • 6th Aug 18, 4:46 PM
    • #4
    • 6th Aug 18, 4:46 PM
    The alleged offence was 10 January - so almost 8 months!
    Originally posted by Kingsley Lion
    Go to town on that length of delay.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • The Deep
    • By The Deep 6th Aug 18, 4:51 PM
    • 9,964 Posts
    • 9,752 Thanks
    The Deep
    • #5
    • 6th Aug 18, 4:51 PM
    • #5
    • 6th Aug 18, 4:51 PM
    Did your research lead you to discover that claims for parking infringements on railway land covered by bye-laws are treated far differently to those in supermarket car parks. As long as they do not know who was driving their options are severely limited. Read a few APCOA and Indigo threads to see how to play this.

    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 House of Commons recently

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

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


    bye-laws?

    s land a
    You never know how far you can go until you go too far.
    • Kingsley Lion
    • By Kingsley Lion 6th Aug 18, 5:07 PM
    • 3 Posts
    • 0 Thanks
    Kingsley Lion
    • #6
    • 6th Aug 18, 5:07 PM
    • #6
    • 6th Aug 18, 5:07 PM
    Yes thanks - plenty of stuff on here for that!!

    As per the useful template I merely stated that 'I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact <My fleet manager> again regarding this PCN'
    And later ' There will be no admissions as to who was driving and no assumptions can be drawn.'

    I guess that is why their reply (when it eventually arrived) started talking about the driver - to imply that If I said I was driving they would deal with me and not my fleet manager.
    • The Deep
    • By The Deep 6th Aug 18, 5:14 PM
    • 9,964 Posts
    • 9,752 Thanks
    The Deep
    • #7
    • 6th Aug 18, 5:14 PM
    • #7
    • 6th Aug 18, 5:14 PM
    Keeper Liability under POFA will not apply if this land is covered by Railway Bye-laws. If they do not know who was driving they are Friar Tucked.
    You never know how far you can go until you go too far.
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