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APCOA - Parking Charge Notice - Dalton

Returned from shopping today to find the above stuck to my windscreen. There were no free parking spaces so, like others i the same position we parked partly pavement/partly road , no yellow lines at all.

*Not a designated parking area* is what it says on the invoice for £60

My friend has told us 'just ignore it' (the invoice) what would you advise ?

It does say that if 'we' don't pay then they will get in touch with the DVLA to get our details...can they do that ?

They have the correct number platebut no name. Can they legally enforce this 'fine' ?

This legal stuff really does scare the bejeezus outa me !

Dalton

Edited by Dalton on 01/04/2014 at 22:38

APCOA - Parking Charge Notice - FP

"My friend has told us 'just ignore it' (the invoice) what would you advise ?"

Possibly yes, but you can appeal and the parking company will fund the appeal.

"It does say that if 'we' don't pay then they will get in touch with the DVLA to get our details...can they do that?"

Yes, they can.

"Can they legally enforce this 'fine' ?"

It's not a fine, it's an invoice. If (a big if, but possible) it goes to court, it will be a Small Claims procedure and APCOA will be open to scrutiny as regards the clarity and visibility of their signage and the fairness or otherwise of their claim for £60, which must be a reflection of their losses as incurred by you. There's very little indication that parking companies make their claims stick if met with resolute opposition.

As always in these matters, this website is your friend:

www.pepipoo.com

You may wish to use the site's search facility to see what is current as regards the parking company you are involved with.

"This legal stuff really does scare the bejeezus outa me !"

Keep calm. You are not being suspected of a crime.

Edited by FP on 01/04/2014 at 23:11

APCOA - Parking Charge Notice - TurpinSlayer

I have recently received an APCOA parking ticket at St Albans train station. I had purchased a valid ticket and placed in the windscreen print side up, before leaving the vehicle. On my return to the vehicle I saw the yellow ticket and noticed that the parking ticket had fallen from the window to the passenger footwell, but still visible. I wrote a letter to APCOA with a photocopy of the valid ticket stating the circumstances above, they have rejected my appeal against the parking charge. The daily rate was only £2 and their parking charge notice is £85/£50 at £85 this represents a markup of 4200% on the daily rate, which I feel is excessive, especailly as I had a valid ticket.

Should I write back to APCOA stating that I am going to take it to POPLA appeal, go to POPLA appeal or will I end up having to pay anyway in the end?

APCOA - Parking Charge Notice - Bromptonaut

Take it to POPLA.

You'd paid and there's proof that you had. Look on the Traffic Penalty Tribunals's website for 'fluttering tickets'.

You are almost certain to win and if you don't you're no worsr off than you would be paying the full charge now.

APCOA - Parking Charge Notice - FP

Good old St Albans Station car park - I know it well and have been the subject of an attempt to charge me for incorrect parking there. (I am local-ish and travel from the station most weeks.)

As you have followed APCOA's own appeals process with no joy you now escalate it to POPLA if you want to fight it. I wouldn't bother writing to APCOA.

Do check www.pepipoo.com and there is a forum on www.moneysavingexpert.com

Arguments about the apparently excessive amount requested are irrelevant at this stage and would come into play only if there is a court hearing.

APCOA - Parking Charge Notice - Armitage Shanks {p}

Relevant information from today's Daily Telegraph

tinyurl.com/k4q5384

List of specialist lawyers here tinyurl.com/nxlb9v7

Edited by Armitage Shanks {p} on 13/01/2015 at 16:39

APCOA - Parking Charge Notice - concrete

Hello Dalton, recently been through a similar situation, but mine was a real PCN from the local authority. However the circumstances are similar. If there are inadequate road markings and/or no signage to indicate a restricted parking parking zone then a PCN or private parking invoice is unenforceable. Take photographs of the area and the lack of markings or signs. Show exactly where your vehicle was in the area and look up: www.penaltychargenotice.co.uk. this will give you some good advice. Also the Pepipoo website is very good. If you think you are right, and on the balance of probablities you would win in court, then fight it. The small claims court will not regard this as a criminal case, but a civil one. They need to demonstrate that they suffered damages by your actions. In anyones book, £60 for a few minutes parking is not reasonable and would not be upheld by the court. You may have a few months of letters etc to contend with, but stick to your guns. I won in the end, but they rely on wearing you down so you will throw in the towel. Keep at it.

Good luck and let us know the outcome.

Concrete

APCOA - Parking Charge Notice - daveyjp
Council tickets and private invoices are completely different things.

It is important when appealing against either to follow the correct procedure, mix it up, or combine appeal points and you will trip up.

The only bonus with private invoices is if you lose the POPLA appeal the decision is binding on the invoice issuer and not the registered keeper, so there is still no requirement to pay.
APCOA - Parking Charge Notice - concrete
Council tickets and private invoices are completely different things. It is important when appealing against either to follow the correct procedure, mix it up, or combine appeal points and you will trip up. The only bonus with private invoices is if you lose the POPLA appeal the decision is binding on the invoice issuer and not the registered keeper, so there is still no requirement to pay.

Hello daveyjp, Of course PCNs' and Invoices are different things, I don't believe I said otherwise. I said that the circumstances remain essentially the same. That is, whoever issues the PCN/Invoice has to abide by the current parking regulations either statutory or private. That means that it shall be clear to all who use the parking facility are made fully aware of the restrictions. If they do not abide by the regulations then neither PCN or Invoice have much chance of being enforced. Also the body that issues the ticket has to fully inform you about the appeals procedure, so following that course of action is common sense. Maybe my wording caused some confusion, for which I apologise.

Cheers Concrete