Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: cferg on November 18, 2024, 11:24:31 pm
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As usual - APCOA have no interest in anyone who knows what they're talking about. Good result!
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Hey guys
Firstly thanks for all the responses, realise i didn't respond initially!
Template worked a charm and the appeal was successful! Merry Christmas!
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Hilarious... how do they police the "You must spend a minimum of £5 in the store"? Is it the driver who must spend £5 or if only an occupant of the vehicle spends £5, is the driver liable?
So many PoFA failures. Good job they are not relying on it.
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Both of which would be further failures to comply with PoFA, if they had made any attempt to do so in the first place (although the images do seemingly include an entry/exit time).
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on another point, does the NTK not have to specify the alleged breach in particular?
it seems to suggest 2 options either/or for issue. also doesn't specify a time in and time out, only breach of stay.
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That appeal should do the trick. Remember that you are appealing in your capacity as the keeper - therefore be careful not to tick any boxes etc. that might inadvertently reveal who was driving.
Keep an eye on your spam folder for a reply - parking company emails have a habit of ending up there. If you don't get a response within 28 days of your appeal, chase them, do not just assume you have been successful.
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Hey guys, just wanted some advice on a PCN received from Apcoa, issued on 14/11/24 for overstaying at a tesco car park. The max stay is 3 hours and my vehicle was caught out via ANPR. I believe the ANPR has only been implemented recently as i've previously parked there for over 3 hours with no ticket received. I have no leg to stand on in terms of my circumstances and not looking for any judgement, just wanted to know if the ticket could be challenged on any technical grounds, i.e any legal issues with the PCN?
I have read previous posts on the forums regarding PCNs from APCOA, and note that the template that has been posted a number of times
'I am appealing your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. As the keeper, I note from your correspondence that you are not seeking to hold me liable under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). As you have chosen not to issue a Notice to Keeper (NtK) in accordance with PoFA. I suggest that in order to save us both time and money, you cancel the PCN.
As there is no obligation for me to name the driver and no inference can be made otherwise, I am therefore unable to help you further with this matter and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code where we both know, you will lose.'
Is this the best I could post in hopes of winning an appeal? I've attached images of the PCN front/rear and a photo of the signage.
Any advice is greatly appreciated, cheers :)
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