Confusing double charge for same day parking offence |
Confusing double charge for same day parking offence |
Sun, 14 Jul 2019 - 21:19
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#1
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New Member Group: Members Posts: 4 Joined: 14 Jul 2019 Member No.: 104,774 |
Hello,
I received a parking charge notice from APCOA, back in Feb 19. I just paid it right away, it amounted to £50. I little while later I received another parking charge notice, also from APCOA, and from the exact same date. I assumed this was a delayed follow-up for the initial charge, which I had a receipt stating I'd already paid. However I just received a follow up letter, this time from a debt recovery company. Upon closer inspection, it is in fact for a separate charge for the same time and location. The charge that I paid initially was that I was in contravention for parking in "not a parking area". In other words, where I parked was allegedly not a "proper" spot. This second charge is for "the alleged contravention of Use of Private Car Park without a valid payment/permit". This was the charge I thought I had initially paid for. Basically I didn't see a machine and didn't realise it was a private, pay-to-park area (the car park is next to a rail station, with no entry/exit gate). Can I be charged twice, separately, for two alleged offences like this? Any advice is much appreciated. |
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Sun, 14 Jul 2019 - 21:19
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Sun, 14 Jul 2019 - 22:00
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#2
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
This is a private ticket so have asked for move to correct forum. My only comment is too bad you paid anything.
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Mon, 15 Jul 2019 - 22:20
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#3
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New Member Group: Members Posts: 4 Joined: 14 Jul 2019 Member No.: 104,774 |
Ah ok apologies for the wrong forum.
I paid the initial fee because in hindsight I realised it was pay-to-park area. But seems untoward to charge someone twice for the same offence! |
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Tue, 16 Jul 2019 - 07:46
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#4
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
No, they can't charge twice (which is not to to say they won't try).
You could try writing to APCOA (not to the debt collection company, who will ignore anything you say) showing that they issued two tickets for the same parking event and that you have paid one, and that you require them to cancel the other ticket. They might cancel. If not, APCOA don't currently do court, so you just need to file away any correspondence you receive from them or debt collectors for 6 years, and only take action if you receive a Letter Before Claim or a Claim Form. |
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Tue, 16 Jul 2019 - 07:48
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#5
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
Can I be charged twice, separately, for two alleged offences like this? No. You breached their contract, and so incurred the charge. Just because you broke more than one clause of the contract doesn't allow them to double charge. Or are they trying a Byelaws breach for one of the "offences"? |
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Tue, 16 Jul 2019 - 18:22
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#6
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New Member Group: Members Posts: 4 Joined: 14 Jul 2019 Member No.: 104,774 |
Thank you all for your advice.
Nothing to do with by-laws just a contract breach as far as I can tell. I wrote to them about it in a live chat service (which I saved a transcript for). They said that two contraventions equates to two charges. They said they need proof of payment for the parking session, not for the PCN (which I have already paid). I challenged them on this along lines that more than one clause being broken does not allow them to double charge and they said merely said the case is now with the debt collector agency and they are unable to assist further. The letter I have from the debt collector gives me a deadline at the end of the month to settle or they will recommend that their client takes court action against me. What is the likelihood of this going further? And if so could I lose in court? This post has been edited by Accius: Tue, 16 Jul 2019 - 18:22 |
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Tue, 16 Jul 2019 - 19:19
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#7
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Member Group: Members Posts: 1,640 Joined: 30 May 2013 Member No.: 62,328 |
When you received a parking charge notice... Was it on the windscreen?
Was that what you paid/ If so and they have then subsequently applied to the DVLA for Personal Data; Then their systems are shoddy and may be worth a £750 claim on that basis. It is not two contraventions it is one parking event, if it was not a parking area then it was not pay and display. How was the original PCN paid? online portal; telephone or Cheque in the post. -------------------- The owl of Minerva spreads its wings only with the falling of the dusk.
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Tue, 16 Jul 2019 - 19:33
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#8
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New Member Group: Members Posts: 4 Joined: 14 Jul 2019 Member No.: 104,774 |
Yes the parking charge notice was on the windscreen, and that's what I paid. I paid it via their payment portal on their website.
I didn't hear about the charge until about a month and a half later - they contacted the leasing company (it is a company vehicle). Where I parked was among all the other cars in the same lot but apparently not a spot. Does any of this make a difference? |
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Tue, 16 Jul 2019 - 19:43
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#9
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Member Group: Members Posts: 1,640 Joined: 30 May 2013 Member No.: 62,328 |
Yes it makes a difference.
They get the RK details off the DVLA 29 - 56 days after a Notice to Driver (Windscreen Ticket) if it has not been paid. It was Paid They had no right to contact the DVLA. Have you received a charge from the lease company (for providing your details to the ppc) Is the notice that you received from APCOA titled Notice to Hirer? -------------------- The owl of Minerva spreads its wings only with the falling of the dusk.
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Wed, 17 Jul 2019 - 04:54
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#10
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
QUOTE I wrote to them about it in a live chat service (which I saved a transcript for). They said that two contraventions equates to two charges. They said they need proof of payment for the parking session, not for the PCN (which I have already paid). I challenged them on this along lines that more than one clause being broken does not allow them to double charge and they said merely said the case is now with the debt collector agency and they are unable to assist further. Appalling misinformation (lies). Complain about this to Steve Clark of the BPA - he will sort it out for you. steve.c@britishparking.co.uk |
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Wed, 17 Jul 2019 - 11:15
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#11
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
As a hire car you've probably got a good case for appealing if you haven't identified who was driving
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