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Erroneous parking charge notice...what to do?
poptrash
post Thu, 12 Sep 2013 - 20:50
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Hello everyone - my first post your advice will be appreciated biggrin.gif

I recently spent a weekend at a Travelodge their car park is managed by Apcoa. I entered my car registration in the ticket machine and purchased 48 hours parking (19.07 Friday to 19.07 Sunday) with a credit card. I have the ticket and receipt. I left the car park about 09.00 Saturday returning later that morning. Left again Saturday evening and returned an hour or so later. Then left for good about 08.30 Sunday morning.

A week or so later I received a Parking charge notice from apcoa for "the alleged contravention of 04 - Use of private car park without making a valid payment captured by anpr camera...."

The letter had a picture of my car arriving on the Friday evening and leaving on Saturday morning.

I rang them and explained I had a valid ticket with proof of purchase and that my car registration number would be logged on their ticket machine. They were disinterested. I offered to e-mail copies of the ticket and receipt but they don't have an e-mail address! I could however appeal in writing. (Nb I did not identify myself during the phone call nor did they enquire) As I was due to go on holiday the next day I didn't get round to copying the evidence and posting it off to them. I then forgot about it until today....when I received a letter from a debt collection agency...

I am looking for advice on what to do now, which could be:

1. Ignore
2. E-mail the debt collection company and state I never received the PCN (they do have e-mail!)
3. E-mail the evidence to the debt collection agency
4. Contact Popla

I contravened no regulations of the car park, purchased a ticket which covered me for the duration of my stay. And have the evidence.

How should I play it?

Thanks all, look forward to your comments....
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post Thu, 12 Sep 2013 - 20:50
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kirkbyinfurnessl...
post Thu, 12 Sep 2013 - 21:01
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Simple.

Appeal to apcoa. Keep it simple. No need for an essay.
It will get rejected
when you get a popla appeal code come back here.

This post has been edited by kirkbyinfurnesslad: Thu, 12 Sep 2013 - 21:02


--------------------
www.parkingticketappeals.org.uk
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poptrash
post Thu, 12 Sep 2013 - 21:54
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Thanks for reply...the debt collector letter states the time period for "appealing" to apcoa has passed...?
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SchoolRunMum
post Thu, 12 Sep 2013 - 23:52
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So, just send APCOA a challenge anyway and demand a POPLA code. They are pretty clueless at the moment and are not replying to appeals (which will put them in the wrong).

Ignore any debt collection firm completely.

Surprised you didn't consider the really obvious option 'complain to the Travelodge Manager and get him/her to cancel it' of course. They won't want a bad TripAdvisor review now would they...!

http://forums.moneysavingexpert.com/showth....php?p=62837690

All of the links on there are cases where people have succeeded with complaints to the retailers/landowners about these private 'PCNs' and got them swiftly cancelled by Management. Including at Hotels.
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emanresu
post Fri, 13 Sep 2013 - 05:31
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QUOTE
I recently spent a weekend at a Travelodge their car park is managed by Apcoa.


I believe Travelodge may lease the space to APCOA. It would be helpful to you to identify are early as possible if they lease or manage as it is an important point.

You might also want to contact the guy in this article. If he wants to "save" Travelodge he better start paying attention to customers like yourselves. IMHO and as SRM say a complaint on Tripadvisor works wonders.

http://www.telegraph.co.uk/finance/newsbys...the-coffee.html

This post has been edited by emanresu: Fri, 13 Sep 2013 - 05:31
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poptrash
post Fri, 13 Sep 2013 - 06:26
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Thanks for comments.....

If I contact apcoa how do I deal with the time that has elapsed since they issued the PCN?

Is it even relevant?

Am concerned that if I contact them they will ignore the evidence of valid purchase and harass me anyway...

Thanks

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Gan
post Fri, 13 Sep 2013 - 08:41
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Centuries of contract law were overturned to allow them to chase registered keepers
This was conditional that the industry provided an independent appeal service

Whether or not an appeal is late, it doesn't change their entitlement to payment
It does, however, fully inform them about their entitlement

In this case, they would now know that they have no chance in court

If they refuse an appeal, refuse to provide a POPLA code and continue harassment knowing that there is no enforceable debt, in my view, it should be referred to Trading Standards and DVLA

This post has been edited by Gan: Fri, 13 Sep 2013 - 08:42
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poptrash
post Fri, 13 Sep 2013 - 18:28
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Thanks everyone....I will ignore the debt collector and write to apcoa with evidence of my parking ticket. May even charge them for my time and inconvenience!

Will let you know how I get on.

Cheers
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bama
post Fri, 13 Sep 2013 - 19:48
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Dear CRAPCOA,
I paid in full and have offered proof which you refused.
No one was damaged by my actions. I fulfilled all my obligations.
I urge you not to damage yourself by bring a false claim against me.
xxx


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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poptrash
post Sat, 28 Sep 2013 - 12:26
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Hi,
I wrote to APCOA on 16th September, and enclosed a copy of the parking ticket I had purchased, and the receipt. I decided to ignore reference to the original PCN (as it arrived by ordinary post so there is no evidence/proof it was ever received - this should sidestep any issues with having not lodged an appeal within the arbitrary time period they stipulate?), I append a redacted version of the letter below:

"Letter from Roxburghe (UK) Ltd

I have received a letter from Roxburghe (UK) Ltd (a Google search identifies them as debt collectors) who have apparently been instructed by you (APCOA Parking (UK) Ltd) to recover an unpaid debt for an "Unauthorised Parking Event: 04 - USE OF PRIVATE CAR PARK WITHOUT MAKING A VALI" (sic) at xxxxxxx on 27-07-13 at 08:57. They quote a "Ticket Number: xxxxxxxx"

I am bemused by this, as whilst I did spend the weekend at the xxxxxxxxxxxxx I purchased a parking ticket (which fortunately I still have, along with the receipt) to cover the duration of my stay. The details on the ticket include my car registration (xxxxxxx), was issued Fri 26 Jul 2013 19:07 and expired 19:07 28 Jul 13. The ticket includes a reference number: xxxxx xxxx. I assume you could extract this information from the records held by your electronic parking meters. I enclose a copy.

I have written this letter as there appears to be no way to contact you by telephone or e-mail (your on-line Customer Service interface accepts enquiries from Companies only), however in order to expedite your response I am content for you to use my e-mail: “xxxxxxxxx@xxxx.com”

Please will you look in to this with some urgency, and come back to me with confirmation that you have resolved this error."


To date, I have had no response from APCOA.

However, I have received a letter from GBP Solicitors LLP, advising me that I was “written to by APCOA and their agent Roxburghe requesting the settlement of a PCN. Due to the absence of payment or valid appeal, our Client has instructed us to recover the total amount due as shown above” (it’s now £108.00). They encourage me to contact Roxburge to make payment, otherwise they may be instructed by APCOA to take legal action. They then suggest the costs would be £207.25 and warnings about the negative impact on my credit rating if an adverse judgement is registered against me.

I am starting to feel pretty annoyed, and would appreciate some advice on next steps.

I am inclined to continue to ignore Roxburghe and GPB Solicitors, write again to APCOA by registered mail (or whatever the service is that requires a signature to evidence receipt of the letter) and remind them of their mistake, that I have offered proof of payment of purchase of a valid ticket (will enclose another copy), that I now view this as harassment and I want 1) confirmation they acknowledge the error 2) have instructed their agents to cease harassing me, and 3) provide me with compensation to cover my actual costs (a few £ in consumables and postage) and £xx in punitive costs to cover their on-going harassment.

What do you think?

Would really appreciate your advice.

Thanks
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The Slithy Tove
post Sat, 28 Sep 2013 - 13:19
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QUOTE (poptrash @ Sat, 28 Sep 2013 - 13:26) *
I am starting to feel pretty annoyed, and would appreciate some advice on next steps.

I am inclined to continue to ignore Roxburghe and GPB Solicitors, write again to APCOA by registered mail

You have pretty much done all you can. I hope you got a certificate of posting for your letter to APCOA.

DO NOT contact Poxburghe or GPB, unless you want to be blunt and tell them the debt is denied, refer back to your client (APCOA), and any further communication will be deemed as harrassment and reported accordingly.

Really no point either in wasting more time, effort and postage writing again to APCOA. If they were daft enough to take it further, you have a cast iron defence.
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SchoolRunMum
post Sun, 29 Sep 2013 - 00:38
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The only letter from GPB to take seriously would be a Letter before Claim or Letter before Action. Tell us if you get one of those as you will need to respond - in the meantime you should be concentrating on an official complaint to the CEO of Travelodge UK if the local Manager is useless at cancelling this harassment. There's a successful complaint to the CEO of Travelodge on MSE here:

http://forums.moneysavingexpert.com/showthread.php?t=4777007

HTH
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