Advise your friend to do the following and they will not be paying a penny to APCOA.
On Monday 15th September, appeal the Parking Charge Notice (PCN), ONLY as the Keeper. APCOA have no idea of the drivers identity and the Keeper is under no legal obligation to identify the driver to an unregulated private parking company.
It is not a "fine". It is a speculative invoice for an alleged breach of contract by the driver.
Use the following as the wording in the appeal and making sure they do not select any option on the APCOA web portal except that they are appealing as the Keeper only or "other':
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.
Nobody who received and follows the advice on here pays a penny to APCOA, ever!
