Parking Charge Notice - Bristol Parkway railway station

[Guest]

As the registered keeper, I've received a PCN from Apcoa for use of a private car park without valid payment/permit - there are two photos of my vehicle, with date/time stamps. The offence by the driver was supposedly 22 Jan 2020, the date of notice on* the letter is 10th Feb 2020 and the letter arrived on the 18th Feb 2020 - though there is no postmark on the envelope. I've heard that on the day the ticket machines in a large part of the carpark didn't work (there are three sections) so it wasn't actually possible to obtain a ticket. Other drivers experienced this but of course no evidence is available. How should I respond?

[HeeBee]

Wrong place. Please delete.

[ostell]

If you come back then you respond to the effect that as this was railway land subject to byelaws then it is not relevant land for the purpose of schedule 4 of the Protection of Freedoms Act 2012 and liability cannot be transferred from the driver at the time to you, the keeper.

Even if it was relevant land for the purpose of POFA they have failed to deliver witin the relevant period of 14 days and again you can not be held liable
*

[HeeBee]

If you come back then you respond to the effect that as this was railway land subject to byelaws then it is not relevant land for the purpose of schedule 4 of the Protection of Freedoms Act 2012 and liability cannot be transferred from the driver at the time to you, the keeper.

Even if it was relevant land for the purpose of POFA they have failed to deliver witin the relevant period of 14 days and again you can not be held liable

Thanks - I'll start with the latter as I don't know what railway byelaws may apply. As to the rest of the response, should I use one of the standard ones that you've provided elsewhere as below. Is the relevant para actually 9 (2) (e) as the NTK doesn't say anything about not knowing who the driver is and requesting their details. It does say "You have 28 days to pay this PCN....After that further action may be taken" but doesn't say anything like "the creditor does not know both the name of the driver and a current address for service for the driver"as per (9) (f). Thanks for the advice, just interested to understand which is the key point.

"Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. Additionally you have filed to deliver the notice within the relevant period, as required by 9 (4). You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc"

[HeeBee]

Received emailed letter from APCOA on 03 Mar that they will cancel the PCN. They do add that if further are issued they will be 'unable' to cancel them.