APCOA Parking LTD |
APCOA Parking LTD |
Mon, 14 Sep 2020 - 20:56
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#1
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
RK has received this charge.
The charge date is from February 2020. This is the first correspondence RK says they has received. No other letters. I have attached the letter. This post has been edited by werthersoriginal: Sat, 19 Sep 2020 - 19:13 |
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Mon, 14 Sep 2020 - 20:56
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Fri, 18 Sep 2020 - 19:54
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#21
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
But they need to show they posted it first class and when. As most do not use royal mail...... Anyway, perhaps this from another current thread: Sirs I have just received your Notice to Keeper reference number XXXXXXXXXX for Vehicle Registration XXXXX I note that this appears to be railway land and therefore subject to railway byelaws. As such this is not relevant land under Schedule 4 of the Protection of Freedoms Act 2012 paragraph 3 and there can be no transfer of liability from the driver at the time to the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc. edited This post has been edited by werthersoriginal: Sat, 19 Sep 2020 - 19:13 |
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Fri, 18 Sep 2020 - 20:47
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#22
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Nothing else at the moment
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Sat, 19 Sep 2020 - 12:56
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#23
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
Is the RK writing this to APCOA (even though they have no communication from them) or debt recovery plus? Or do you use the POPLA system?
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Sat, 19 Sep 2020 - 15:42
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#24
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Send to APCOA, the organ grinder
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Sat, 19 Sep 2020 - 19:13
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#25
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
(letter edited out)
Anything i need to change before sending? This post has been edited by werthersoriginal: Sun, 20 Sep 2020 - 16:01 |
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Sat, 19 Sep 2020 - 21:25
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#26
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
yes, as RK
You could always post it and get a free certificate of posting from a post office to show that it was sent |
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Sun, 20 Sep 2020 - 09:42
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#27
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
Final question, is it fine for the RK to put their address on the written letter to receive communications? The RK is just writing to their address, not sending an email. (as I can't meet them myself and they are not computer literate).
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Sun, 20 Sep 2020 - 12:21
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#28
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
They already know the RK's address!
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Sun, 20 Sep 2020 - 13:02
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#29
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
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Fri, 23 Oct 2020 - 17:35
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#30
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
https://imgur.com/a/1HZwCut
This has been received 2-3 days earlier by the RK. No response to the written letter sent to APCOAs address with proof of postage. (no email was sent however). So either received and ignored or the letter hasn't been received. What can/should RK do now? |
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Fri, 23 Oct 2020 - 18:52
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#31
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code
This post has been edited by ostell: Fri, 23 Oct 2020 - 18:53 |
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Fri, 23 Oct 2020 - 21:24
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#32
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code Dated: ---- Dear Sir/Madam, Ref: ticket number I wrote to yourself on (date the letter was sent) via a written letter headed to your complaints address. I can see this was received. I have not received any response to this letter and have instead received communications from your debt collectors. I wish to proceed with this complaint and require a response to this letter urgently. If this cannot be heeded to please provide me with a POPLA code so the matter can be dealt with externally. Sincerely, The Registered Keeper This ok? |
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Mon, 26 Oct 2020 - 18:29
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#33
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code RK received an email response confirming that the written letter was received but because it was passed to debt no response was due! They are saying RK was given a notice on a particular date (definitely not received) "The PCN has not been issued under the Protection of Freedoms Act (POFA) 2012, and therefore the timeframe you have referred to is not applicable in this instance. Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) in their code of practice, and the timeframes differ to those set out in the POFA 2012. I have requested this be placed on hold to allow the appeals team to review your appeal". |
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Mon, 26 Oct 2020 - 19:51
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#34
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So a quick note to them asking why , if they are not using th Protection of Freedoms Act, are they continuing to harass the keeper of the vehicle? You also point out that the BPA guidelines are just that, only guidelines. The Protection of Freedoms Act is actual law and must be complied with in order to hold the keeper liable
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Mon, 26 Oct 2020 - 20:38
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#35
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
So a quick note to them asking why , if they are not using th Protection of Freedoms Act, are they continuing to harass the keeper of the vehicle? You also point out that the BPA guidelines are just that, only guidelines. The Protection of Freedoms Act is actual law and must be complied with in order to hold the keeper liable So can PCNs only be issued under the POFA? (can't say I really understand the law behind it). How would you word it. "If the PCN is not issued under the POFA then... the RK cannot be held liable?". |
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Mon, 26 Oct 2020 - 21:18
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#36
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
PCNs can be issued regardless of POFA. The driver is always liable. POFA just allows them to transfer liability to the keeper if they don't know the driver. Since they've admitted that they're not relying on POFA to transfer liability, only the driver can be liable. Hence asking them why they continue to harrass the keeper.
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Mon, 26 Oct 2020 - 21:23
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#37
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
PCNs don't need to be issued using POFA but then they can't transfer liability to the keeper and can only take action against the unknown driver.
I meant to write if they are not using th Protection of Freedoms Act, why are they continuing to harass the keeper of the vehicle |
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Mon, 26 Oct 2020 - 21:39
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#38
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
PCNs can be issued regardless of POFA. The driver is always liable. POFA just allows them to transfer liability to the keeper if they don't know the driver. Since they've admitted that they're not relying on POFA to transfer liability, only the driver can be liable. Hence asking them why they continue to harrass the keeper. Ok that does indeed make sense. So something along the lines of this: "Since you have just mentioned that you are not issuing the aforementioned PCN under the POFA, only the driver can be held liable with no keeper liability whatsoever. Thus I will ask you and your debt collection client to cease harassing me in this matter." Is that all I need to query? Not looking to make a fart of myself |
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Wed, 28 Oct 2020 - 14:53
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#39
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Member Group: Members Posts: 19 Joined: 14 Sep 2020 Member No.: 109,751 |
Any suggestions b4 i send this?
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