Author Topic: APCOA Parking PCN - No permit - Three Horseshoes, Warminster (Read 53 times)

Meesey_ · « **on:** October 01, 2024, 06:32:15 pm »

I, the registered keeper, received a PCN from APCOA for parking in Three Horseshoes Walk, Warminster without valid payment or permit.

The incident occurred on 03/09, the date of issue is 19/09, and I received the notice in the post on 27/09.

I was out of the country from 01/09 to 07/09 and, of course, have proof of this in the form of plane tickets, etc.

My understanding from reading these forum posts is that APCOA are not compliant with PoFA and therefore cannot transfer liability from the driver to the registered keeper. The photographs they provided do not show the identity of the driver and I am aware that I have no obligation to disclose that information. So it seems like they have no ability to pursue this - I just don't know what wording to use in my appeal. I've seen appeals here written for others but I'm unsure how to adapt those to specifically fit my case. Would very much appreciate any advice on what exactly I need to say in my appeal

PCN scan (front):
https://i.imgur.com/LSO3Hy4.jpeg

PCN scan (back):
https://i.imgur.com/0J5qvze.jpeg

Many thanks!

b789 · « **Reply #1 on:** October 01, 2024, 06:36:21 pm »

Easy peasy to get rid of. Appeal with the following as the Keeper. Do not, under any circumstances identify the driver as there is no legal obligation for the Keeper to do so:

Quote

I am the Keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement.

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 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.

Meesey_ · « **Reply #2 on:** October 01, 2024, 06:51:52 pm »

Thanks so much for the rapid response!

Is it really that easy? If so, how could they possibly hope to ever prove who the driver is and hold them liable? Or do they literally just rely on people not appealing and paying up out of fear?

b789 · « **Reply #3 on:** October 02, 2024, 12:40:56 am »

That’s the point. The only way they can know the drivers identity is if the Keeper tells them.

There is no obligation on them to use PoFA. APCOA are very active at train stations and airports which are covered by bylaws and so PoFA does not apply anyway.

The other thing about APCOA is the they are not litigious. So, even if everything were ignored, they don’t take people to court.

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Author Topic: APCOA Parking PCN - No permit - Three Horseshoes, Warminster (Read 53 times)

Meesey_

APCOA Parking PCN - No permit - Three Horseshoes, Warminster

b789

Re: APCOA Parking PCN - No permit - Three Horseshoes, Warminster

Meesey_

Re: APCOA Parking PCN - No permit - Three Horseshoes, Warminster

b789

Re: APCOA Parking PCN - No permit - Three Horseshoes, Warminster