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Train station parking APCOA
tyler durden
post Thu, 22 Mar 2018 - 18:43
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I'm deeply annoyed by this and feel almost victimised.

I parked at an APCOA train station parking facility about 0830. Have used it before and used their automated payment system that has all my details.

Went through the process. At the end the message said payment could not be made as their system was down and try again later.

Had to get a train into London and was in all day meetings. Didnt get a chance to pay till my return leg.

About 1630 I called and payment went through with no problems.

Arrived at car about 1730 and ticket in place. I immediately appealed on grounds that their system was down and no offence has occurred as it was not my fault their system was down and I had paid the correct amount.

Just had a letter saying my appeal failed. They are denying their system was down. Feels like they are calling me a liar but I know what I heard and it was a definitive message to try later.

My options are pay £50, or appeal via POPLA but risk having to pay £85.

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post Thu, 22 Mar 2018 - 18:43
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Gary Bloke
post Thu, 22 Mar 2018 - 21:30
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Is this a Byelaws ticket or a breach of contract ticket? Please upload a photo of the ticket.
Also need to see the APCOA signage - can you upload a photo of that too please.
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nosferatu1001
post Fri, 23 Mar 2018 - 07:31
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Firstly, stop worrying. its APCOA; not known for trying their hand in court.
Secnodly if you write under a statement of truth that the system was down, it WAS DOWN until they prove otherwise. And even then as long as youre convincing youre likely to be believed over fakeable records!
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tyler durden
post Sat, 24 Mar 2018 - 11:47
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tyler durden
post Sat, 24 Mar 2018 - 12:08
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QUOTE (nosferatu1001 @ Fri, 23 Mar 2018 - 07:31) *
Firstly, stop worrying. its APCOA; not known for trying their hand in court.
Secnodly if you write under a statement of truth that the system was down, it WAS DOWN until they prove otherwise. And even then as long as youre convincing youre likely to be believed over fakeable records!



I agree. I'm incensed about this. As far as I'm concerned no offence occurred at all.

Should I even engage with the POPLA process?

I'm tempted to write to them essentially refusing to engage with their game and look forward to defending myself in a court.

This post has been edited by tyler durden: Thu, 29 Mar 2018 - 20:16
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Redivi
post Sat, 24 Mar 2018 - 12:38
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The terms and conditions make no mention of a 30 minutes grace period

Even if they did, it's unreasonable to assume that a rail traveller jammed like a sardine in a carriage will be able to make a call, or that the phone signal in a moving train won't be interrupted

You could use this argument with POPLA and point out that the payment was made before returning to the car
POPLA will refuse the appeal because it's only interested in whether the parking notice was issued correctly - not whether the payment is legally owed

You can then exercise your right to reject the decision that has cost APCOA £30+ for its greed
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Jlc
post Sat, 24 Mar 2018 - 12:50
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QUOTE (Redivi @ Sat, 24 Mar 2018 - 12:38) *
The terms and conditions make no mention of a 30 minutes grace period

There's one sign that does say 'Payment must be made immediately...' but this doesn't seem to form part of the signage forming the alleged contract...


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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Redivi
post Sat, 24 Mar 2018 - 13:07
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It's even better

The sign says that the full terms and conditions are displayed at apcoa.co.uk

The terms and conditions don't say that payment must be made immediately

2.6 In all other cases a binding agreement will exist between you and us when you take your parking ticket on entry to the Car Park unless you immediately exit from it.


3. Charges

3.1 The sums we charge for parking in the Car Park are displayed on the Tariff and we can change them at any time at our discretion.
Any changes will not affect you if you have already booked or have taken a car parking ticket on entry to the Car Park.
3.2 In the event of any Pay Machine failure, you are responsible for finding a Pay Machine that works.
3.3 We can also collect the charges for parking at the exit of the Car Park as Vehicles leave.

....
4.3.2 Make use of a pay by phone service if it is shown as being available at the Car Park.
This will be clearly displayed on notices at the Car Park.
It is your responsibility to make sure the correct details are given as part of the payment transaction.
Any failure by you to give the correct information could result in your permission to park not being correctly recorded and we will assume in such a case that you do not have a valid ticket to park at the Car Park,


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tyler durden
post Wed, 28 Mar 2018 - 22:34
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Do I have to go through the POPLA appeal?

Seems a pointless exercise if it will be declined.

Or alternatively I could write to APCOA saying I am not engaging with further discussion on a matter which I see as closed, namely that no offence occurred because I parked and paid the correct fee.
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nosferatu1001
post Thu, 29 Mar 2018 - 06:45
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It wont be declined if you point out that the terms and conditions, as stated abvoe, do not require immediate payment. You also point out this is not relevant land so the keeper is not liable (unless the driver was identified)

You point out that the machiens were out of ction at the start hence the delay in making payment, bt that this was before you returned to the vehicle.
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Redivi
post Thu, 29 Mar 2018 - 08:05
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Always appeal to POPLA where a railway ticket is concerned

APCOA will often No Contest and you win

Have just noticed that you've left the POPLA code in your picture of the rejection letter
If APCOA sees it, they can tie this thread to your case and will use any admissions they find in their evidence to POPLA
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Umkomaas
post Thu, 29 Mar 2018 - 09:59
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QUOTE
Have just noticed that you've left the POPLA code in your picture of the rejection letter
If APCOA sees it, they can tie this thread to your case and will use any admissions they find in their evidence to POPLA

Or you just might find that someone makes your POPLA appeal for you .....!
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tyler durden
post Thu, 29 Mar 2018 - 20:21
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Thanks. I have altered that.

Fundamentally I paid for parking. Their automated payment system did not process my payment and asked me to try again later. This is what I did - to the letter.

There are a range of issues I will be appealing on and this post was just for advice on whether I had grounds or not. My sense is I do.


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tyler durden
post Fri, 11 May 2018 - 08:53
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My POPLA appeal was rejected. What now?
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ostell
post Fri, 11 May 2018 - 09:01
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What was the response? COuld you post it up.

Just sit and wait to see what happens.
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The Rookie
post Fri, 11 May 2018 - 11:15
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And what was your POPLA appeal as you didn't bother to post it here for a review before sending it.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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tyler durden
post Sat, 12 May 2018 - 13:27
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Sorry; didn’t post it as I worried they would be able to identify exactly who it’s coming from.

Is there anything further I should do?
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ManxRed
post Sat, 12 May 2018 - 15:40
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QUOTE (tyler durden @ Sat, 12 May 2018 - 14:27) *
Sorry; didn’t post it as I worried they would be able to identify exactly who it’s coming from.

Is there anything further I should do?


Post it up, along with their response. We can highlight if they've gone wrong anywhere and if you might have cause to complain to the Lead Assessor, not that there's much chance of them re-assessing it, but it may give you reasons to send a letter to the PPC outlining why you're not going to accept the decision.

It may also help others in a similar situation if we can learn why POPLA have made a rejection.

I can't see why identifying where a POPLA appeal has come from would have disadvantaged you in any way. It happens on practically every other POPLA appeal thread on here all the time.

This post has been edited by ManxRed: Sat, 12 May 2018 - 15:42


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The Rookie
post Mon, 14 May 2018 - 10:58
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QUOTE (tyler durden @ Sat, 12 May 2018 - 14:27) *
Sorry; didn’t post it as I worried they would be able to identify exactly who it’s coming from.

Once they had seen your appeal anyway, how would that matter?


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
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tyler durden
post Wed, 16 May 2018 - 23:02
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I enclose the submission from me and the popla outcome

well I've uploaded them but the images just seem to scroll at a fast pace. Ahhhh........... what am I doing wrong

This post has been edited by tyler durden: Wed, 16 May 2018 - 23:03
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