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APCOA Penalty Notice - Incorrect Images
Swabloo
post Mon, 13 Nov 2023 - 13:50
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Hi everyone, first timer here but you guys seem to have done great work for others -

The driver just received the attached in the post. Apparently arrived at a train station car park (FYI offers 20 minutes free parking) at 10.33am (true) but camera showing the driver leaving at 3.11pm (also true).

What they haven't included is the fact that the driver was picking someone up and was at the station for about 10mins in the morning and then returned to drop that person off in the afternoon for 10 mins!!

Any advice on how they can fight this is greatly appreciated - there is absolutely no way in hell they will be paying this as it is the parking companies' technologies incompetence.

How does the driver prove they left when they did? or is it up to the parking company to prove this?



This post has been edited by Swabloo: Mon, 13 Nov 2023 - 14:34
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post Mon, 13 Nov 2023 - 13:50
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Jlc
post Mon, 13 Nov 2023 - 13:55
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QUOTE (Swabloo @ Mon, 13 Nov 2023 - 13:50) *
Just received the attached in the post. Apparently arrived at a train station car park (FYI offers 20 minutes free parking) at 10.33am (true) but camera showing us leaving at 3.11pm (also true).

What they haven't included is the fact that we were picking someone up and were at the station for about 10mins in the morning and then returned to drop that person off in the afternoon for 10 mins!!

Any advice on how i can fight this is greatly appreciated - there is absolutely no way in hell I will be paying this as it is their technologies incompetence.

How do I prove we left when we did? or is it up to them to prove this?

Just to note that a PENALTY notice has been issued here as opposed to the more common private PARKING charge.

This is due to an alleged breach of byelaws as opposed to a contractual breach. It means the TOC has 6 months to criminal commence a prosecution in Magistrates' Court. (Which is highly unlikely anyway)

Anyway, it's quite a common issue called 'double dipping'. As you note, basically their systems have failed to correctly pick up (or process) two separate entries and exits.

Normal procedure (by the keeper) is to simply note this as such (Don't rush to appeal but don't miss any deadline):

Dear APCOA

Ref *****

I have received your penalty notice.

The vehicle was not present for the alleged period.
Your defective ANPR system has failed to record two visits.

You have therefore accessed my details on the DVLA registered keeper database without reasonable cause.

Cancel the Notice within seven days or I will complain to the DVLA about your action.

Regards



However, they may still reject because they can!

This post has been edited by Jlc: Mon, 13 Nov 2023 - 13:56


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Swabloo
post Mon, 13 Nov 2023 - 14:12
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QUOTE
This is due to an alleged breach of byelaws as opposed to a contractual breach. It means the TOC has 6 months to criminal commence a prosecution in Magistrates' Court. (Which is highly unlikely anyway)



Thankyou for the reply! Just for my own clarity as my brain is covered in a red mist at the moment - TOC?
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Jlc
post Mon, 13 Nov 2023 - 15:50
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QUOTE (Swabloo @ Mon, 13 Nov 2023 - 14:12) *
QUOTE
This is due to an alleged breach of byelaws as opposed to a contractual breach. It means the TOC has 6 months to criminal commence a prosecution in Magistrates' Court. (Which is highly unlikely anyway)



Thankyou for the reply! Just for my own clarity as my brain is covered in a red mist at the moment - TOC?

Train Operating Company.

The private parking company can't prosecute... (Which is why they are so keen for payment)


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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