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Train station parking APCOA
tyler durden
post Thu, 22 Mar 2018 - 18:43
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I'm deeply annoyed by this and feel almost victimised.

I parked at an APCOA train station parking facility about 0830. Have used it before and used their automated payment system that has all my details.

Went through the process. At the end the message said payment could not be made as their system was down and try again later.

Had to get a train into London and was in all day meetings. Didnt get a chance to pay till my return leg.

About 1630 I called and payment went through with no problems.

Arrived at car about 1730 and ticket in place. I immediately appealed on grounds that their system was down and no offence has occurred as it was not my fault their system was down and I had paid the correct amount.

Just had a letter saying my appeal failed. They are denying their system was down. Feels like they are calling me a liar but I know what I heard and it was a definitive message to try later.

My options are pay £50, or appeal via POPLA but risk having to pay £85.

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post Thu, 22 Mar 2018 - 18:43
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jaypx
post Wed, 16 May 2018 - 23:20
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Try upload to https://imgbb.com/
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nosferatu1001
post Thu, 17 May 2018 - 11:46
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Or just copy and paste the relevant text
At least say if you were succesful or not?!
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Pensioner
post Thu, 17 May 2018 - 12:20
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Out of curiosity.

Have they refunded the payment?
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tyler durden
post Wed, 11 Jul 2018 - 20:59
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No they have not refunded the payment to my knowledge


I have just received this letter.

Really need advice here




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Jlc
post Wed, 11 Jul 2018 - 21:22
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Wait for a court claim. You'll be waiting a long time...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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tyler durden
post Wed, 11 Jul 2018 - 21:23
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Please advise on the post above.

I've worked out how to post my POPLA appeal which is enclosed below










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Gary Bloke
post Wed, 11 Jul 2018 - 21:46
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"We are here to help you resolve this PCN". What they really mean is "we want you to pay up". Ignore this letter. You will then get one or two letters from a Solicitor, which you can also ignore.

Do not ignore any notification you may receive of impending small claims court proceedings. Ask us for help.

Contract law is all about compensating injured parties if the contract is broken. Damages claimed cannot be a punishment, they can only make good any losses caused by the contract breach. This is why PPC's are not allowed to use the word "penalty" for car parks managed via contract law, because a penalty is a punishment and hence is only allowed under criminal law (eg if the car park were managed using railway Byelaws for example). In order to not be considered a penalty, the parking charge must be a "genuine pre-estimate of loss" (GPEOL). In your case this is close to zero.

The Beavis ruling relates to an overstay of a free parking period at a shopping centre car park managed using contract law. The judges ruled that £85 charge for the overstay was, in that particular case, not punitive (ie not a penalty) because there was a commercial justification in maintaining a turnover of cars in the car park for the benefit of the local retailers. This situation is totally different and the Beavis ruling cannot apply here. This was paid-for parking at a train station, so no shops and hence no commercial justification for parking charges in excess of a GPEOL. Which means that you can use the defence argument that the amount they are claiming (£155) is far far greater than a GPEOL and is therefore not allowed under contract law.
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SchoolRunMum
post Wed, 11 Jul 2018 - 21:46
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Did you lose at POPLA then? That doesn't look like a winning POPLA appeal. This would have been so easy to win for a registered keeper but too late for that now. Next time!

Just ignore APCOA and their tame debt collectors.
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Gary Bloke
post Wed, 11 Jul 2018 - 21:52
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Useful background:

https://www.parkingcowboys.co.uk/fighting-beavis-argument/

https://www.parkingcowboys.co.uk/parkingeye-vs-beavis/
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