Why APCOA Railway Fines Are Different
APCOA manages parking for many UK train stations. If you check your ticket, it might mention "Railway Byelaws." This is your golden ticket to cancellation.
The "Not Relevant Land" Loophole
Under the Protection of Freedoms Act 2012, private parking charges can only be transferred to the vehicle keeper if the land is "relevant land." Railway land is specifically excluded from this definition.
This means:
- APCOA can only pursue the driver, not the keeper
- If they don't know who was driving (and you don't tell them), they're stuck
- The keeper has no legal obligation to identify the driver
How to Check If This Applies
- Look at your PCN - does it mention "Railway Byelaws" or "Transport Act"?
- Was the car park at a train station?
- Is the land owned by Network Rail or a train operating company?
The Defense Strategy
In your appeal, state clearly:
"The alleged contravention occurred on railway land, which is not 'relevant land' under Schedule 4 of the Protection of Freedoms Act 2012. Keeper liability therefore does not apply. I am not obliged to identify the driver."
Important Caveat
Some APCOA car parks are on private land adjacent to stations - these may still be "relevant land." Check the land ownership carefully before using this defense.