Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: porcupine666 on July 08, 2026, 05:02:42 pm

Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: Jackisback123 on July 09, 2026, 06:05:10 pm
Too late to appeal? I've only had the letter for 3 days (I was actually away at the weekend, so just assumed it came on Friday).

I'm happy just ignoring and having this in the back pocket if necessary.

Quote
The driver may appeal the parking charge in accordance with clause 8.4. However, where
a NTK or NTH has been issued in accordance with POFA, the Keeper or Hirer may appeal
the parking charge if the driver has not previously been given the opportunity to appeal.


Where no appeal is made within 28 days of the first notice then the right to appeal is lost,
subject to 8.4.1(c).


NOTE: Where the Keeper receives an NTK (following an NTD), is not the driver and is
unable to identify the driver, they may be able to appeal in accordance with clause 8.4.1(c).

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

So you might be able to appeal, if you are able to say you are not the driver and are unable to identify the driver, and hence have exceptional circumstances as to why the appeal is out of time.

If that is the route you want to go down, I would appeal as follows:

Quote
Paragraph 8(2)(i) of Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") requires that the Notice must specify the date on which the notice is sent.

The date on the Notice is 26/05/2026.

If that date is incorrect, then there is a failure to comply with paragraph 8(2)(i) of Schedule 4 of POFA and therefore the right to recover from the keeper does not apply.

If that date is correct, then the Notice was not sent in accordance with Paragraph 8(4) of Schedule 4 of POFA. This is because it was not sent so that it is delivered within the relevant period; the relevant period being the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given. The date of the alleged contravention is clearly outwith that period.


APCOA are probably the fairest PPC when it comes to internal appeals so it might be worth a punt if you can appeal.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 05:47:18 pm
Too late to appeal? I've only had the letter for 3 days (I was actually away at the weekend, so just assumed it came on Friday).

I'm happy just ignoring and having this in the back pocket if necessary and don't want to tip them off and they change their letter template.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: Jackisback123 on July 09, 2026, 05:45:01 pm
Irrespective of whether an NtD was issued, the NtK must still, under paragraph 8(2)(i) specify the date on which the notice is sent.

In this instance, the stated date is the same as the contravention date?

That's a good catch, which will be helpful IF APCOA issue proceedings and pursue OP as the keeper, but I think it's too late to appeal now.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: InterCity125 on July 09, 2026, 05:27:19 pm
Irrespective of whether an NtD was issued, the NtK must still, under paragraph 8(2)(i) specify the date on which the notice is sent.

In this instance, the stated date is the same as the contravention date?
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: Jackisback123 on July 09, 2026, 05:18:30 pm
Not relevant for this but could be for others, The serial number is the unix timestamp in seconds it would seem.

"1782466676" = Fri Jun 26 2026 09:37:56 GMT+0000

Useful to know, thank you!

OP: as mentioned before APCOA don't have a reputation for actually issuing proceedings. The advice is ignore the debt collector threats, and come back in the very unlikely event you get a Claim Form. Oh, and tell APCOA if you change address - you don't want to miss a claim form get get a default CCJ.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 05:15:26 pm
The letter is a picture in the original post if that's what you mean?
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: InterCity125 on July 09, 2026, 05:02:01 pm
Can we see the PCN?
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 04:56:16 pm
Not relevant for this but could be for others, The serial number is the unix timestamp in seconds it would seem.

"1782466676" = Fri Jun 26 2026 09:37:56 GMT+0000
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 04:44:10 pm
I don't know if there is a window ticket as I am just the registered keeper but for the purpose of this thread, lets assume there was. Thanks.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: Jackisback123 on July 09, 2026, 04:41:50 pm
Thanks for the reply.

1. Picture of serial number in bottom left of front of letter here: https://ibb.co/wFTTMVk0 (https://ibb.co/wFTTMVk0)

2. It doesn't have an (obvious) sent or generated date, it just says "Date of Issue of this charge": 26/05/2026, presumably the date they ticketed the car but I don't know as I am just the registered keeper. I've only just received the letter on Friday 3rd July.

3. How long is the relevant period? I'd expect @jfollows to have picked up on that if it were relevant? 56 days is what ChatGPT is telling me?

Thanks, it seems they've changed them; probably because they realised people were getting wise to them backdating them!

Surely you know whether or not there was a windscreen ticket?

But if there was, then that could explain the delay. It would also mean my previous point is not relevant.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 04:08:54 pm
Thanks, is that relevant here though? ChatGPT saying not if there was a windscreen ticket, which there might have been and presumably they would have a photo of that.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: jfollows on July 09, 2026, 03:56:02 pm
Quote
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 09, 2026, 03:08:08 pm
Thanks for the reply.

1. Picture of serial number in bottom left of front of letter here: https://ibb.co/wFTTMVk0 (https://ibb.co/wFTTMVk0)

2. It doesn't have an (obvious) sent or generated date, it just says "Date of Issue of this charge": 26/05/2026, presumably the date they ticketed the car but I don't know as I am just the registered keeper. I've only just received the letter on Friday 3rd July.

3. How long is the relevant period? I'd expect @jfollows to have picked up on that if it were relevant? 56 days is what ChatGPT is telling me?
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: Jackisback123 on July 09, 2026, 12:43:27 pm
1. Can you post a picture of the serial number towards the bottom-left of the page? I want to see when the letter was actually generated.

2. If the Notice was sent (as stated) on 26/05/2026, how on earth has it taken til 3rd July to reach you?


3. If the date of contravention is the same date as the Notice, then keeper liability cannot apply. Paragraph 11(1)(b) of Schedule 4 of POFA requires that the application for the keeper's details is made during the relevant period for the purposes of paragraph 9(4), which starts the day after the specified period of parking ended. The Notice is dated the same date as the parking event and, as such, the request must have been made outside of the relevant period.


Edit as we are assuming there was a windscreen ticket, so this point is irrelevant.

4. APCOA don't sue (historically, anyway, and there's no reason to think you're the exception to that rule).
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: jfollows on July 08, 2026, 06:22:54 pm
Also, is there a length of time that the risk becomes lower? 6 months?
Yes.
Six years.
Again, you’re thinking of the previous regime in which Penalty Charge Notices were issued (by APCOA, who didn’t have the right to do so, but overlook that) for criminal summary-only offences which have to be brought to the court within six months. That’s all changed now. Under civil law, prosecutions for breach of contract can be brought within six years.

See https://www.legislation.gov.uk/uksi/2025/1256/introduction/made for the legislation change.

Quote
2.  At the end of paragraph 3(4) of Schedule 4 to the Protection of Freedoms Act 2012 insert “, but not byelaws made under section 219 of the Transport Act 2000(1) by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005(2)”.
Quote
The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025

Made 27th November 2025
Coming into force 26th December 2025
The Secretary of State, in exercise of powers conferred by paragraph 16(1)(a) of Schedule 4 to the Protection of Freedoms Act 2012(1) makes the following Order.

A draft of this instrument was laid before Parliament in accordance with paragraph 17(2) of Schedule 4 to the Protection of Freedoms Act 2012 and approved by a resolution of each House of Parliament.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 08, 2026, 05:21:03 pm
Also, is there a length of time that the risk becomes lower? 6 months?
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 08, 2026, 05:13:18 pm
Thank you very much for your quick reply.

I shall just ignore then, unless anyone else has a view on this.

Edit: Just seen your edit about the law change at end of 2025, useful, thank you.
Title: Re: APCOA - No Payment - South Western Railway Train Station
Post by: jfollows on July 08, 2026, 05:11:15 pm
APCOA don’t “do” court, so you will have to put up with debt collectors and only need to take action if they change their modus operandi and you get a Letter of Claim from a solicitor, which recent history implies will not happen. The only way you avoid letters from debt collectors is if you pay now!

The law changed at the end of 2025 so that land covered by railway byelaws is now “relevant land” for the purposes of PoFA 2012, and APCOA can issue Parking Charge Notices and transfer liability to the registered keeper in the normal way. Any defence about not being “relevant land” is no longer valid.
Title: APCOA - No Payment - South Western Railway Train Station
Post by: porcupine666 on July 08, 2026, 05:02:42 pm
Hi all, I, the registered keeper of a vehicle, received a parking charge through the post on Friday 3rd July 2026 for an alleged contravention on the 26th May 2026 from APCOA for the car being parked at a South Western Railway car park with no registered payment. It looks like this was administered by a person rather than cameras.

I have read the forum and I am unclear how to proceed as I believe there might have been some change to the law as of 1st January 2026 so previous methodologies might not be relevant? I could be wrong though!

Any advice if I should engage with APCOA on this, or do I just ignore? I'd rather not get tonnes of "debt" collection letters but am happy to do so if ignoring is the preferred option.

Thank you very much in advance!

Attached front and back of Parking charge from APCOA and a notice that is displayed in the car park in question: HERE. (https://ibb.co/album/MBkyfv)