Free Traffic Legal Advice

Dear members

APCOA issued PCN for alleged contravention of parking on yellow or hatched lines next to disabled parking bay. Disabled badge was displayed on the windscreen.
The vehicle was parked at the NorthWick Park hospital site.
No display of parking T&C and other sign by the area where vehicle was parked.
The patient in the car was due to attend appointment at 2pm and there was an emergency with the patient where she was rushed to the toilet to avoid soiling the cloth. She carrying "No Waiting Card" with her and suffers from bowel incontinence due to chronic constipation.

The APCOA rejected our representation and we would like to seek advice on the possibility to challenge this appeal further.

Attached are specific documents related with this PCN.

Regards
Ams

Posted.

Many Thanks.

Many thanks.
"The vehicle was parked entirely on the hatched lines, outside of the disabled bay".
Uploading pictures taken by the APCOA here.

PALS are concerned with any negligence in clinical activities. Parking related discussions falls outside PALS remit.

Dear member

We tried to recreate the scene in a video (cant attached due to 25MB size) of the event happened after parking the car on 07-Sept and rushing mother to attend the emergency.

Few points worth noting :
1. The vehicle was parked outside the car park 3. No parking sign found displayed where the vehicle was parked and on route accessing the hospital
2. In PCN, there is no picture attached showing the display of signage and the T&C confirming the contravention. Isn't this Mandatory when issuing PCN ?
3. The parking T&Cs were displayed within the car park 3 area, however the contravention occurred outside the CP3 zone
4. From other attached pictures, also evidences non-display of signage near the parked car area
5. There is no evidence where the parked vehicle caused any obstruction to any emergency vehicle or caused a risk to other vehicle passenger or pedestrian or so on

We will try to contact PALS again on Monday to seek their interventions in this matter.

To be honest, we feel APCOA is trying to milk vehicle owners to generate extra cash at the expense of vehicle owner.

Your help would be highly appreciated.

Many thanks - uploaded two videos on YT, link below.






Link to google map :
https://maps.app.goo.gl/igMt4Y9oVxHyLbHz7

51.574576, -0.319030
Harrow

I hear and understood your points. Few clarification points :
 - Wouldn't this mandatory for parking attendant to upload relevant T&C's in the PCN, else the PCN is invalidated ?
 - Will parking on hatched markings contravenes the parking rules on private lands (contrary to public road) and the guidelines laid outs in British Parking Association (BPA) code of practice? 
 - what key differences in laws between public road and private land around parking on hatched lines and /or displaying the signage clearly + t&cs ?

Hope I am making sense.
APologies - I am new to this and may be my questions seems stupid.

Regards

Dear members

APCOA issued PCN for alleged contravention of parking on Yellow or Hatched lines next to the disabled parking bay.
We displayed Disabled badge on the windscreen of the vehicle (evident in the original PCN attached).
The vehicle was parked at the Northwick Park hospital site (Private Land).
Link to google map :
https://maps.app.goo.gl/igMt4Y9oVxHyLbHz7
51.574576, -0.319030
Harrow

We didn’t observe any Parking T&C and / or other sign displayed around the area where the vehicle was parked.
We tried to recreate the scene in a video where the event happened.



The vehicle was used to transport the patient who was due to attend the clinical appointment at 2pm at the same hospital clinic. However, there was an emergency with the patient where she was rushed to the toilet to avoid soiling her clothes. She carries a "No Waiting Card" with her and also suffers from bowel incontinence due to chronic constipation.
Further, there was ongoing construction work in NPH car park resulting poor availability of the parking in the car parking area. Also, due to this, there was significant delay in finding the parking space to park the car.

The APCOA rejected our original representation and have sent the “Notice to the Keeper” either to pay the penalty charge or make an appeal.
We approached to PALS and they denied.
Response from PALs :
"Further to your email below I have since forwarded on the APCOA Senior Area Manager to look at.  Unfortunately, PALS do not influence and  overturn APCOA’s Appeals department decision.
The Senior Area Manager will respond directly to you.

Kind regards,
Brenda Bennett"

We would like to seek advice from this forum around specific points to consider when drafting the representation.

Attached are specific documents related with this PCN.

Few points are worth noting :
1. The vehicle was parked outside the car park 3. No parking sign found displayed where the vehicle was parked and on route accessing the hospital
2. In PCN, there is no picture attached showing the display of signage and the T&C confirming the contravention. Is there any legal mandate around this point when issuing any PCN ?
3. The parking T&Cs were displayed within the Car Park 3 (CP3) area, however the contravention occurred outside the CP3 zone
4. Other attached pictures, also evidences non-display of signage near the parked car area
5. There is no evidence where the parked vehicle caused any obstruction to any emergency vehicle or caused a risk to other vehicle passenger or pedestrian or so on


Kindest regards
Ams

[ Guests cannot view attachments ]

No appeal to POPLA sent. The original representation against the PCN was made in the patient name who was the passenger in the vehicle and not the owner of the vehicle. This representation was rejected by APCOA.

Now APCOA sent the "Notice to the Keeper" of the vehicle with two options a) Pay the charge, b) appeal to dispute the PCN.

Hope this is clear.
 

Right - understood.

I've removed your first attachment (the Notice to Keeper) as it contains your full name and address. You may wish to redact then re-upload.

To be clear, the driver has not been identified to APCOA at any point?

Uploaded "Notice to the Keeper".
No - the driver was not identified earlier. I presume, APCOA reached out to DVLA to identify the keeper of the vehicle to send the notice.

Regards