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#Post#: 46135--------------------------------------------------
APCOA Parking ticket - Tesco - Overstay on parking
DIR By: cferg
Date: November 18, 2024, 5:24 pm
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Hey guys, just wanted some advice on a PCN received from Apcoa,
issued on 14/11/24 for overstaying at a tesco car park. The max
stay is 3 hours and my vehicle was caught out via ANPR. I
believe the ANPR has only been implemented recently as i've
previously parked there for over 3 hours with no ticket
received. I have no leg to stand on in terms of my circumstances
and not looking for any judgement, just wanted to know if the
ticket could be challenged on any technical grounds, i.e any
legal issues with the PCN?
I have read previous posts on the forums regarding PCNs from
APCOA, and note that the template that has been posted a number
of times
'I am appealing your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. As the keeper, I note from
your correspondence that you are not seeking to hold me liable
under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).
As you have chosen not to issue a Notice to Keeper (NtK) in
accordance with PoFA. I suggest that in order to save us both
time and money, you cancel the PCN.
As there is no obligation for me to name the driver and no
inference can be made otherwise, I am 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 where we
both know, you will lose.'
Is this the best I could post in hopes of winning an appeal?
I've attached images of the PCN front/rear and a photo of the
signage.
Any advice is greatly appreciated, cheers :)
[attachment deleted by admin]
#Post#: 46136--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: DWMB2
Date: November 18, 2024, 5:31 pm
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That appeal should do the trick. Remember that you are appealing
in your capacity as the keeper - therefore be careful not to
tick any boxes etc. that might inadvertently reveal who was
driving.
Keep an eye on your spam folder for a reply - parking company
emails have a habit of ending up there. If you don't get a
response within 28 days of your appeal, chase them, do not just
assume you have been successful.
#Post#: 46155--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: mickR
Date: November 19, 2024, 4:54 am
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on another point, does the NTK not have to specify the alleged
breach in particular?
it seems to suggest 2 options either/or for issue. also doesn't
specify a time in and time out, only breach of stay.
#Post#: 46159--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: DWMB2
Date: November 19, 2024, 5:11 am
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Both of which would be further failures to comply with PoFA, if
they had made any attempt to do so in the first place (although
the images do seemingly include an entry/exit time).
#Post#: 46177--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: b789
Date: November 19, 2024, 7:04 am
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Hilarious... how do they police the "You must spend a minimum of
£5 in the store"? Is it the driver who must spend £5 or if only
an occupant of the vehicle spends £5, is the driver liable?
So many PoFA failures. Good job they are not relying on it.
#Post#: 48055--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: cferg
Date: December 3, 2024, 9:39 am
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Hey guys
Firstly thanks for all the responses, realise i didn't respond
initially!
Template worked a charm and the appeal was successful! Merry
Christmas!
#Post#: 48057--------------------------------------------------
Re: APCOA Parking ticket - Tesco - Overstay on parking
DIR By: DWMB2
Date: December 3, 2024, 9:55 am
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As usual - APCOA have no interest in anyone who knows what
they're talking about. Good result!
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