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Messages - Jackisback123

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1
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.

2
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.

3
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.

4
Thanks for the reply.

1. Picture of serial number in bottom left of front of letter here: 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.

5
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).

6
I wouldn't be including that bit!!


Parking Charge Notice Number -

To whom it may concern,

I have recently received your previous communication relating to the above parking charge and have duly noted its contents.

In this instance I have no further representation to make.

My understanding (after taking legal advice) is that there is no legal requirement to provide the information which you are asking for.

At present there is no existing route to liability in this matter and providing further information would potentially create a route to liability - as such I am simply exercising my legal right to say nothing in a situation where the law does not require me to provide the details which you are requesting.

I would also point out that there is no method by which your company could have formed a contract with the driver in the circumstances which you appear to be claiming.

I feel that this sets out my position in this matter and I am sorry that I cannot help you further.


Best wishes,

xxxxxx xxxxxxxxx


8
I have found this thread (archived link) on Reddit, pertaining to 'Forbidding Signs'.

Guess whose signage it is?


Quote
In court, I claimed that as the sign was an absolute prohibition on parking no contract for parking could be entered into, in order to enter into a contract the sign needs to OFFER parking for £100, it can't say "no parking, but if you park here you pay £100 for parking". It's called a "forbidding contract" and it's a legal nonsense ... the judge agreed with me and [threw] the case out,

And a starter for ten in terms of a relevant judgment from a different case, involving a different but similar sign.
https://www.parkingcowboys.co.uk/wp-content/uploads/2024/01/UKPC-v-MASTERSON-Judgment.pdf

So I would say the argument here is twofold; firstly, that the signage was not adequate but secondly, and most importantly, the signs are not an offer, and therefore there was no acceptance, and therefore there was no contract even if the place had been littered with them.

9
Is there, or can you get, a photo of the sign on the wall?

They seem to be saying parking was prohibited, but also that you agreed to pay a parking charge, which is contradictory.

They can't say you're liable in contract if there was no contract because parking is prohibited.

Please can you also post a copy of the adjucator's decision?

10
Fixing links for OP:

Letter of Claim:
Link
Link


And the final demand letter a few weeks earlier:
Link


There were these documents that accompanied the letter of claim:
Link
Link
Link
Link
Link

And reply forms:
Link
Link
Link

12
i've added a photo of the signage posted by UKCPS to original post, however it's not clear what it says from their image.

The photo of the signage doesn't work, please can you try again?

However you uploaded the letters worked, so maybe do the same?

13
IMO the Notice does not comply with Paragraph 9(2)(e) of Schedule 4 of POFA because it does not "state that the creditor does not know both the name of the driver and a current address for service for the driver".

(Note this is different to the warning required under Paragraph 9(2)(f) which it does comply with.

Can you provide a picture of the signage please?

14
I can't see that you've uploaded any of their documentation, but on the face of what you say they say, I think that is a good appeal and the POPLA assessor should decide it in your favour.

15
Hi,

The location is here:
https://maps.app.goo.gl/asjjgtim89NkTjUBA

The trouble is it used to be a Homebase carpark which has since been demolished. The car park has not been in use for years.

How would you recommend submitting the full defence? Is it via the portal or to the Court? I also do not know if it should be on a particular form (such as a N9B that I Googled)?

Thanks.

I don't know if it helps at all but you can see historic streetview imagery:

https://maps.app.goo.gl/LYtbJeHKrnDMJFbn8

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