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#Post#: 121137--------------------------------------------------
APCOA PCN at Hospital
DIR By: PStanley70
Date: June 8, 2026, 9:37 am
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So I have just received in the post a PCN from Apcoa for failure
to pay for a session at the Royal Berkshire Hospital in Reading.
It is a company car, owned by my company. The driver thought
that they were covered by a disabled permit, but we had failed
to transfer the permit to this vehicle. Barrier went up on exit
but subsequent reading of the hospital website suggests this is
the case whether payment made or not. The hospital are saying
not our problem so need to deal with Apcoa.
PCN:
HTML https://ibb.co/jvympK1K
HTML https://ibb.co/QvRZ6Z60
I'm thinking the response should be to trot on because the NTK
is non-compliant with PoFA shedule 4, in particular the clause
regarding transfer of liability quoted below, and we are under
no obligation to (and will not) identify the driver:
9 2 (f) warn the keeper that if, after the period of 28 days
beginning with the day after that on which the notice is given—
(i) the amount of the unpaid parking charges specified under
paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and
a current address for service for the driver,
the creditor will (if all the applicable conditions under this
Schedule are met) have the right to recover from the keeper so
much of that amount as remains unpaid;
I don't have photos of the signs at the car park but doubt that
is relevant.
#Post#: 121138--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: jfollows
Date: June 8, 2026, 9:43 am
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Are you the registered keeper of the car?
If not, you need to get the keeper to respond to APCOA to
identify you as the hirer, and respond to a Notice to Hirer sent
to you in due course. This notice will fail PoFA 2012 paragraphs
13 & 14 which will be a clearer, more definitive and simpler
appeal point.
You should also note that it is our experience that APCOA do not
take people to court.
The notice you have posted contains instructions on how the
registered keeper should identify the hirer. This gets the
registered keeper off the hook also.
#Post#: 121139--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: PStanley70
Date: June 8, 2026, 9:50 am
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The company is the registered keeper. It is not a hire/lease car
so paragraphs 13 & 14 od PoFA don't apply AFAIK. I am one of the
owners/directors of the company.
#Post#: 121140--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: DWMB2
Date: June 8, 2026, 9:55 am
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In which case, if the notice is addressed to the company, you
could appeal online as the company, along the lines of the
below:
[indent]Dear Sirs,
We, [COMPANY NAME] have received your Parking Charge Notice
(Ref: ________) for vehicle registration mark ____ ___, in which
you allege that the driver has incurred a parking charge. We
note from your correspondence that you are not seeking to hold
us liable as the registered keeper, under Schedule 4 of the
Protection of Freedoms Act 2012 ("The Act"). You have chosen not
to issue a Notice to Keeper in accordance with The Act, and it
is now too late for you to do so.
As a body corporate, we are not and cannot be the driver. There
is no obligation for us to name the driver and we will not be
doing so. We are therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,[/indent]
For your benefit, a more obvious PoFA failure than 9(2)(f) is
that they have failed to deliver the notice within 14 days. The
parking event was on 21/05/26, and the notice was issued on
03/06/26. With notices issued by post presumed delivered 2
working days later, this means it was presumed delivered on
05/06/26, 15 days after the parking event.
#Post#: 121151--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: PStanley70
Date: June 8, 2026, 10:45 am
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Many thanks. Hopefully they'll accept the appeal. If not the out
of time NTK is a sure thing. :)
#Post#: 121156--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: DWMB2
Date: June 8, 2026, 11:03 am
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Whilst previous performance is not a guarantee of future
success, in my experience APCOA do often cancel on first appeal
when they realise they're against a well-informed appellant.
#Post#: 122489--------------------------------------------------
Re: APCOA PCN at Hospital
DIR By: PStanley70
Date: June 20, 2026, 11:09 am
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I've heard back from APCOA and they have cancelled the PCN. :)
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