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Confusing double charge for same day parking offence
Accius
post Sun, 14 Jul 2019 - 21:19
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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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post Sun, 14 Jul 2019 - 21:19
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stamfordman
post Sun, 14 Jul 2019 - 22:00
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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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Accius
post Mon, 15 Jul 2019 - 22:20
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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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Sheffield Dave
post Tue, 16 Jul 2019 - 07:46
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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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The Slithy Tove
post Tue, 16 Jul 2019 - 07:48
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QUOTE (Accius @ Sun, 14 Jul 2019 - 22:19) *
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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Accius
post Tue, 16 Jul 2019 - 18:22
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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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Albert Ross
post Tue, 16 Jul 2019 - 19:19
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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.


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Accius
post Tue, 16 Jul 2019 - 19:33
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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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Albert Ross
post Tue, 16 Jul 2019 - 19:43
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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?



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Umkomaas
post Wed, 17 Jul 2019 - 04:54
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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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ostell
post Wed, 17 Jul 2019 - 11:15
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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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