APCOA - no valid payment / permit - Utilita Arena Birmingham

• APCOA - no valid payment / permit - Utilita Arena Birmingham
  Posted by dombooth on 02 Nov, 2025 00:26
• Hi,
  
  Thanks in advance for the help and advice.
  
  The keeper had tickets to see a show at the Arena on the 10th October, and booked parking online.  Unfortunately the keeper messed up and accidently booked parking for the evening of the 11th October.
  
  Charge front:

  IMG-1018 hosted at ImgBB

  Image IMG-1018 hosted on ImgBB

  ImgBB · ibb.co

  
  Charge rear:

  IMG-1019 hosted at ImgBB

  Image IMG-1019 hosted on ImgBB

  ImgBB · ibb.co

  
  
  Parking booking:

  Screenshot-2025-11-02-002356 hosted at ImgBB

  Image Screenshot-2025-11-02-002356 hosted on ImgBB

  ImgBB · ibb.co
• 
  
• #1 Reply
  Posted by Dave65 on 02 Nov, 2025 11:43
• Incident date 10-10-2025
  PCN issued 27-10-2025
  
  Not delivered within the 14 days to claim against the keeper.
  
  Do not divulge the ID of the driver.
• 
  
• #2 Reply
  Posted by b789 on 02 Nov, 2025 19:34
• As long as the driver is not identified, they cannot hold the Keeper liable. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
  
  The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
  
  Use the following as your appeal. No need to embellish or remove anything from it:
  
  

  Quote

  I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
  
  As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. APCOA has relied on contract law allegations of breach against the driver only.
  
  The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. APCOA have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
• 
  
• #3 Reply
  Posted by dombooth on 02 Nov, 2025 22:25
• Thanks guys, is there any merit in including the fact the keeper paid for the wrong day? Or adding what Dave mentioned above?
• 
  
• #4 Reply
  Posted by b789 on 02 Nov, 2025 23:46
• If APCOA don't cancel with the advised appeal, then POPLA will. Just do it!
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• 
  
• #5 Reply
  Posted by jfollows on 03 Nov, 2025 07:47
• Quote from: dombooth on 02 Nov, 2025 22:25

  Thanks guys, is there any merit in including the fact the keeper paid for the wrong day? Or adding what Dave mentioned above?
  

  APCOA don’t get the money you paid, right day or wrong day.
  The point by @Dave65 is your appeal point. You only need to elaborate if it goes to POPLA.
• 
  
• #6 Reply
  Posted by dombooth on 12 Nov, 2025 22:59
• Quote from: b789 on 02 Nov, 2025 23:46

  If APCOA don't cancel with the advised appeal, then POPLA will. Just do it!
  

  
  They cancelled.   
  
  Thank you!
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