Free Traffic Legal Advice

what hospital?
can you get and post pics of any signs at entrance and around car park.
have you contacted APCOA at all?

no signs even at the main entrance to car park?
There's a straightforward response to ACPOA that someone will post shortly.

Keep on at the NHS Trust CEO to get this cancelled.

Do not appeal this until Sunday 15th December (day 26). Appeal only as the Keeper with the following:

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 Driver (NtD) 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 NtD 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.

You are appealing as the Keeper only. APCOA have no idea of the drivers identity. Doing this on day 26 ties them up in the appeals process at a time when they should also be posting a Notice to Keeper (NtK).

Many PPCs in the BPA omit any NtK when replying to an appeal and the very fact a PPC forgets to send you a NtK by day 56, gives you a winning point at POPLA. A rejection letter with POPLA code is not a 'NtK'.

Either way, APCOA are benign and do not litigate.

What evidential photos do they have on their appeals website? Go as though to appeal and try and download any evidential photos they have and show us.

Also, how is the location of the alleged breach stated on the Notice to Driver (NtD)? You have unnecessarily redacted it and also the date and time of the contravention.

Can you get your own photos of the location showing the lack of signs?

Have you been issued a permit to park in that car park? How is the barrier operated? Do you need to show a permit or swipe a card?

What exactly do these "terms" you say are in the "...Trust documents regarding staff parking policy which say that the trust delegates enforcement to their representative (presumably APCOA) and that in obtaining a permit the staff member agrees to them (which includes getting PCNs)" say? Please show us any relevant sections of this document. Have you signed anything that agrees to the car parking terms as a staff member?

Fiddly to reply as I'm on the phone

1. I've not redacted the date but this is the full site name



2. The photos I've attached are my own from the specific carpark. Do you mean the specific space the car was parked in? There isn't any other signage present.

3. The permit is linked to the staff ID badge which is swiped to gain access. There isn't a physical permit.

To apply for a permit staff have to sign this



4. I couldn't find a specific parking terms document, but there is this guidance on the intranet



Digging deeper these are the relevant paras from the Parking Operations and Parking Policy documents.





5. The pre-bookable Parking bays are apparently defunct and the parking people have been asking staff to just park in them.

Thanks for the response. I've just managed to get the photos downloaded. Only 4 images.






I am still unclear about the car park photos as I can't really photograph what isn't there? Just take photos from the entrance? Down every lane? Sorry not trying to be difficult because I've just provided photos of the only signs present at the car park.

I can't really photograph what isn't there?

You can take photos to demonstrate there's nothing there.

You don't need a million photos from every angle, but some wider angle shots of the entrance and the car park, demonstrating the lack of relevant signage, would be useful.