Train station parking APCOA |
Train station parking APCOA |
Thu, 22 Mar 2018 - 18:43
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#1
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Member Group: Members Posts: 18 Joined: 26 Feb 2009 Member No.: 26,578 |
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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Thu, 22 Mar 2018 - 18:43
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Advertise here! |
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Wed, 16 May 2018 - 23:20
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#21
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Member Group: Members Posts: 35 Joined: 20 Apr 2018 Member No.: 97,608 |
Try upload to https://imgbb.com/
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Thu, 17 May 2018 - 11:46
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#22
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Or just copy and paste the relevant text
At least say if you were succesful or not?! |
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Thu, 17 May 2018 - 12:20
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#23
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Member Group: Members Posts: 124 Joined: 22 Jul 2017 Member No.: 93,141 |
Out of curiosity.
Have they refunded the payment? |
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Wed, 11 Jul 2018 - 20:59
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#24
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Member Group: Members Posts: 18 Joined: 26 Feb 2009 Member No.: 26,578 |
No they have not refunded the payment to my knowledge
I have just received this letter. Really need advice here |
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Wed, 11 Jul 2018 - 21:22
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#25
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Wed, 11 Jul 2018 - 21:23
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#26
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Member Group: Members Posts: 18 Joined: 26 Feb 2009 Member No.: 26,578 |
Please advise on the post above.
I've worked out how to post my POPLA appeal which is enclosed below |
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Wed, 11 Jul 2018 - 21:46
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#27
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Member Group: Members Posts: 488 Joined: 21 Aug 2016 Member No.: 86,563 |
"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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Wed, 11 Jul 2018 - 21:46
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#28
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
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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Wed, 11 Jul 2018 - 21:52
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#29
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Member Group: Members Posts: 488 Joined: 21 Aug 2016 Member No.: 86,563 |
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Wed, 29 Aug 2018 - 11:59
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#30
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Member Group: Members Posts: 18 Joined: 26 Feb 2009 Member No.: 26,578 |
please help
Now have a letter from a solicitors called QDR saying they have been instructed by ZZPS limited on behalf of APCOA. Basically says they want payment within 14d failure to pay or contact us to discuss repayment may result in is recommending to the client that the matter is passed over to their Litigation Dept which may mean they will look to obtain a County Court Judgement. Where from here? |
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Wed, 29 Aug 2018 - 12:04
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#31
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Well, you noticed the MAY there?
Its a debt collector letter. I bet it says to pay ZZPS |
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Wed, 29 Aug 2018 - 12:30
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#32
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Member Group: Members Posts: 431 Joined: 10 Apr 2011 Member No.: 45,808 |
please help Now have a letter from a solicitors called QDR saying they have been instructed by ZZPS limited on behalf of APCOA. Basically says they want payment within 14d failure to pay or contact us to discuss repayment may result in is recommending to the client that the matter is passed over to their Litigation Dept which may mean they will look to obtain a County Court Judgement. Where from here? Point of information - I believe QDR (formerly Quantum Debt Recovery) are a part of Wright Hassall. |
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Wed, 29 Aug 2018 - 12:52
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#33
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Yes it is
I would wait for the second (Final Notice) or third (Formal Letter of Claim) before sending a reply to QDR |
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Wed, 29 Aug 2018 - 20:51
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#34
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE Just ignore APCOA and their tame debt collectors. when I said the above, I meant QDR as well, who are just debt collectors in this regard, and never sue. Nor do APCOA, this is easy to ignore. Next time appeal it properly as APCOA cases are 100% won at POPLA with a proper, researched appeal from the registered keeper. |
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Fri, 31 Aug 2018 - 04:53
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#35
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Member Group: Members Posts: 18 Joined: 26 Feb 2009 Member No.: 26,578 |
Thanks for help so far. My problem is I work for NHS and do crazy hours every day. Almost no free time to research the itty bitty details. All the help to date has therefore been much appreciated. Thanks
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