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FightBack Forums > Queries > Private Parking Tickets & Clamping
Silly
Hi first post hoping I do this right.
Recieved a parking charge notice from APCOA for stopping at zebra crossing for 13seconds during which foreign mother in law decided to run across and jump in car.
1 - the driver wasn't registered keeper
2 - car wasnt parked just stopped at zebra crossing for 13sec if that ..proved by cctv images.
3 - this was a public road outside drop off pick up park
4 - the driver wasn't able to read the signage from a moving vehicle.
5 - no boot was opened or anything she just decided not to wait and jumped in
6 - Received the notice outside the 14days infact over 35 days later
7 - it happened on 03.05.18 but notice was issued on 07.06.18
8 - Got images which prove car was stationary for around 10 sec max as the third and fourth image isn't even in the same place
How do I apeal and what should I do first? What are my chances of success as don't want to miss the discounted offer of £50 if it fails the charge is £100 very excessive in my opinion
Thank You I hope you can help me
ostell
Have you read other threads about APCOA and airports? If you had you wouldn't be asking questions like that.

As the keeper you do not have any liability.
SchoolRunMum
I don't even have to read your post. The title tells us everything and like any other APCOA thread:

APCOA = the registered keeper appeals and wins.
Silly
Hi so I'm sorry.. i have now read a few and come to the conclusion that yhe reg keeper should just write back to APCOA to let them know they were not the driver on that day. Instead of adding all the points above.
So just a short reply with a proof of delivery yes?
Thanks
ostell
You've got it. No keeper liability as not relevant land under POFA and/or road subject to RTE
Silly
Hi there ..after appealing by post that I wasn't the driver on the day with a generic ready tepmlate from "money saving website"
I have now received a reply from the appeals department saying I'm still liable.
I did not get a popla number. I will attach photo of received letter.
Please help what is my next move as I have 14days to reply
Jlc
That's outrageous! (If you're inclined then they should be probed on this legal genius)

They clearly admit there's no keeper liability and then state the keeper is liable... (Liable is the key issue - they can continue to pursue the keeper on the basis they were driving but would have to show on the balance of probabilities they were)

Write back and advise them they failed to have given you a POPLA code - as per the BPA guidelines they so dearly abide by...
The Rookie
Even by ACPOA's low standards that is plumbing new depths!
Jlc
I presume this is tagged as a parking charge and no mention of penalty/byelaws?
Silly
Not sure how/what is tagged as !
Their online platform doesn't allow to appeal without providing drivers details so I'm gonna have to send another letter repeating the keeper was not the driver and asking for popla code...
Is there anything else I should add??? like the fact they didn't send me the initial notice in time (more then 30 days after alleged offense) It wasn't a rented vehicle so they have no excuse for being that late!
ostell
So you ignore and wait to see what they say. No response within 35 days means appeal accepted according to BPA CoP.

A letter to the BPA complaining about them requiring the drivers details before issuing a POPLA code.
Jlc
A moan to the BPA might be worthwhile. Or even the DVLA if they are misrepresenting what they are using the personal information for as there is no keeper liability so it's quite wrong to say there is.

Remember, this lot don't do court and with no liability anyway I wouldn't be too concerned...

They can't claim liability and deny an 'independent' appeal. (They know POPLA uphold on this basis)
ManxRed
I would complain to the DVLA, and remind them that while APCOA may have had reasonable cause to contact the Registered Keeper to enquire about the driver, they have no right whatsoever to continue to use that data to mis-represent the registered keeper's legal position, and to attempt to pursue the registered keeper as being liable for the charge.

Any continued perseverance of this would be mis-use of your data and you require them to intervene. Include a copy of that APCOA letter.
The Rookie
I think there is mileage in a DPA 2018 (GDPR) letter to them, in it note that they have conceded that they have no cause of action against the registered keeper and that therefor they have no reasonable cause to retain or continue to process that data and that you require them to cease processing and confirm they have deleted it.

If they don't comply then formal complaint and ICO time.
nosferatu1001
Ask them under what legal basis the keeper remains liable, as POFA was the only mechanism open to them and they have helpfully confirmed that they are not using POFA.
You require alink to the exact statute law they are making this claim under

A refusal to respond will result in a complaint to the DVLA that there is no reasonable cause to continue processing keeper information, and the keeper is being misled by you as to the legal basis for you asserting they have liabiltiy. You will also complain to the BPA.
Silly
Sorry for not replying, I thought to give em a bit of time to see whether they would actually send a popla code after my apeal to which they replied from their apeal department thank you for your recent letter. Instead while I was on holiday I got another letter REMINDER (pic 1-2)to pay up and option at the back to appeal?!? Ignoring the fact that I have already apealed lol.
So I thought that's it they are just trying it again but will not do anything!
However I have just received a letter from debt collectors (pic3)to which I'm furious one for ignoring the fact that I have apealed and two for them just passing around my details. I'm a bit worried though of getting a knock on the door, so please let me know what should I do here! I'm thinking to ring the collectors first and tell em that I have apealed and waiting for popla code so to stop bothering me. After that not sure who to write to?! Maybe to APCOA and remind them that I have apealed?!
Any help would be much appreciated and sorry for any mistakes!
Note that debt collectors are now asking for £50 more from the original amount of £100!
kommando
There can be no knock on the door, they are only debt collectors with no authority other than to send scary letters which you file.

Complaint to BPA and DVLA, appeal refused due to not naming driver and no POPLA code issued.
Silly
Thank You!! Do you think it's a good idea to write to APCOA again and ask for POPLA code?
cabbyman
No. Land them in the sh*t. Complain to BPA and DVLA that after xx weeks, they have failed to deliver a POPLA code, despite acknowledging your appeal. They have further exacerbated their failure by passing your information on to a debt collector. Ask what sanctions each organisation intends to apply.

It may be worth a punt with ICO, but see what others say.
Silly
Ok thanks! How does one complain to bpa? Is it a case of ringing or official letter detailing everything from the start with copies in it?!
ostell
And if it's past the 35 days tell APCOA that your appeal is now assumed to have been accepted as you have not had a response within the 35 days required by their Code of Practise.
cabbyman
NEVER phone. ALWAYS in writing.
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