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APCOA - Parking Ticket Help, Insufficient Evidence?
tfd_dipso
post Tue, 9 Oct 2018 - 11:45
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The driver in question recently received the attached reminder letter (although I've never received any previous correspondence) but seems like all they can prove is what time the driver in question entered and exited rather than whether or not I paid for a ticket.

Any advice how to get out of this would be much appreciated.

Thanks

W

This post has been edited by tfd_dipso: Tue, 9 Oct 2018 - 20:16
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post Tue, 9 Oct 2018 - 11:45
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ostell
post Tue, 9 Oct 2018 - 14:15
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So edit your post so that the identity of the driver cannot be inferred. Use "the driver....."etc.

As this is a railway car park it is assumed that this is byelaw land and therefore there can be no keeper liability as it is not relevant land for the purpose of POFA. It would appear that they believe there was a windscreen ticket but again this is beyond the 56 days to hold the keeper liable

Check for byelaws in the car park then search for the many apcoa byelaw appeals on this site

This post has been edited by ostell: Tue, 9 Oct 2018 - 14:18
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ManxRed
post Tue, 9 Oct 2018 - 14:31
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Is the address on the vehicle's V5 up to date? Is it a lease/hire vehicle?


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tfd_dipso
post Tue, 9 Oct 2018 - 18:05
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It wasn't actually me driving, I just said I to make things easier. The vehicle is mine though and the address is up to date. How would I go about checking the bylaws for this car park by the way?

Thanks

W
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cabbyman
post Tue, 9 Oct 2018 - 18:15
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It's standard rail byelaws. From the look of the very fuzzy signs on GSV, GWR have contracted APCOA but a site visit may confirm. Normally, there are signs everywhere specifying railway land identifying ownership. Rail byelaws apply to all railway land.


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Cabbyman 11 PPCs 0
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ostell
post Tue, 9 Oct 2018 - 19:54
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You must edit your first post as requested. Do not identify the driver.

Sirs,
I am the registered keeper of car xxxxx and am in receipt of your PCN xxxxxx

As the car park is railway land it is subject to byelaws and hence is not relevant land for the purpose of schedule 4 of the Protection of Freedoms Act 2012. As such there can be no transfer of liability from the driver at the time to the keeper.

I was not the driver at the time and there is no requirement in law for me to identify the driver and I will not be doing so.

I do not expect to hear from you or your debt collectors again other than to confirm that there will be no further action against me and my personal details have been removed from your records.

yours etc

This post has been edited by ostell: Tue, 9 Oct 2018 - 19:56
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Xstyle
post Thu, 18 Oct 2018 - 23:46
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A friend has also recently received an APCOA letter for Twyford Station Car Park 2.
It’s titled “Parking Charge Notice”. Dated 03/10/18. Date of offence 18/09/18.

“Notice is hereby served to the registered keeper of vehicle registration mark XXXXXXX
For the alleged contravention of Parked without displaying a valid proof of payment.”

Two photos are taken, rear and front of driving past their CCTV.
However there are no photos of the windscreen or anything else in the car park to show there is no car park ticket?
How can they prove if payment wasn’t made?

The 14 day limit to pay reduced £50 is now, or jump up to £100.
It’s a private vehicle. Thanks!
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SchoolRunMum
post Fri, 19 Oct 2018 - 00:10
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Normally we'd say start your own thread but you don't need one (but please no more replies here, this is not your thread).

The keeper merely needs to send an appeal saying there can be no keeper liability as APCOA can't rely on the POFA on railway byelaws land and didn't issue a POFA-worded PCN.

As long as the driver is never implied with any daft words about what happened/who parked, the KEEPER named on the PCN then wins at POPLA. Same appeal reason.

This post has been edited by SchoolRunMum: Fri, 19 Oct 2018 - 00:11
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tfd_dipso
post Tue, 20 Nov 2018 - 20:17
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Thanks for all the help on this everyone, I've recently received a response from Apcoa (attached) stating that my appeal has been rejected. My appeal was exactly as user 'ostello' suggested. Any advice now as to what i should do?

Thanks

W
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cabbyman
post Tue, 20 Nov 2018 - 20:25
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EDIT to remove the POPLA number on page 2!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Look around the forum for POPLA appeals, draft yours and post here for fine tuning.

Make sure that point 1 is regarding the byelaws and therefore not relevant land. Leave posting the appeal until very late, but still within deadline, to get closer to a byelaws timeout in 6 months.

Await opinion from others, given the final line of your original appeal.


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nosferatu1001
post Wed, 21 Nov 2018 - 10:02
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And make sure that it is VERY clear that you ar the REGISTERED KEEPER appellant, that there can be NO assumption that the Registered keeper has any relation to the Owner, and POFA is absolutely clear that a Keeper CANNOT be liable on land controlled by byelaws. There is no possibilty that the keeper has ANY liability in this matter, and the appeal must beupheld.
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