Author Topic: APCOA - Parking outside bay in staff carpark  (Read 1324 times)

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Re: APCOA - Parking outside bay in staff carpark
« Reply #15 on: »
I’m not sure why this request is becoming so difficult. Some wide angle shots of the car park area showing the lack of signage is what is required. A general view where it can be sen that there are no obvious signs. After all, they say in their blurb that there are plenty of these terms and conditions signs. You say there are none. Prove it to them.

The evidential photos do not show why “the vehicle was not parked correctly within the markings of a bay or space”.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: APCOA - Parking outside bay in staff carpark
« Reply #16 on: »
Thanks, that is much clearer and those will be easy enough to arrange. It was unclear if there is some specific type of photo that is required as someone had mentioned shots of the entrance.

On the way in today I noticed that there are some APCOA signs up, but these are sited at the entrance to the actual campus (which is about half a mile across) and along some of the internal roads. These are also in small font so unreadable from a vehicle. These look like the "usual" private parking t&c signs  Should I try to photograph these as well or will they not be relevant given they're located >100m and across a big roundabout from the actual car park entrance?

Re: APCOA - Parking outside bay in staff carpark
« Reply #17 on: »
It might be sensible to get some photos of those, both close up and wider showing their poor prominence. Just to head off any attempt by APCOA to present them as prominent signs the driver ought to have seen.

Re: APCOA - Parking outside bay in staff carpark
« Reply #18 on: »
as DWMB2 said .... wider angle shots. to put it plainly.. a pic from furthercawsy to show the entire entrance donit can be seen there are no signs anywhere at the entrance
Quote from: andy_foster
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Re: APCOA - Parking outside bay in staff carpark
« Reply #19 on: »
So got a wide view of the entrance





And photos of the sign  (the car park is the exit directly across from the roundabout). It's not really legible from a car since its mounted too high up and by the time you get close enough to read the roof will be in your way and you're going to be paying attention to the roundabout anyway.





Re: APCOA - Parking outside bay in staff carpark
« Reply #20 on: »
What does this sign say?

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: APCOA - Parking outside bay in staff carpark
« Reply #21 on: »
What does this sign say?

[img width=152.6666717529297 height=459]https://i.imgur.com/1RDfxKJ.png[/img]

It's this and it refers to a bunch of labelled bays in that row.


Re: APCOA - Parking outside bay in staff carpark
« Reply #22 on: »
OK... so here is what you do... on Monday 16th December, you appeal as the Keeper of the vehicle with the following:

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 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.

The point is to tie 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. Having appealed as late as possible after a windscreen PCN, make sure you take note of whether any postal NtK is ever received in the following weeks. A rejection letter with POPLA code is not a NtK.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain