PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Train station parking APCOA
tyler durden
post Thu, 22 Mar 2018 - 18:43
Post #1


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.

Go to the top of the page
 
+Quote Post
2 Pages V  < 1 2  
Start new topic
Replies (20 - 34)
Advertisement
post Thu, 22 Mar 2018 - 18:43
Post #


Advertise here!









Go to the top of the page
 
Quote Post
jaypx
post Wed, 16 May 2018 - 23:20
Post #21


Member


Group: Members
Posts: 35
Joined: 20 Apr 2018
Member No.: 97,608



Try upload to https://imgbb.com/
Go to the top of the page
 
+Quote Post
nosferatu1001
post Thu, 17 May 2018 - 11:46
Post #22


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?!
Go to the top of the page
 
+Quote Post
Pensioner
post Thu, 17 May 2018 - 12:20
Post #23


Member


Group: Members
Posts: 124
Joined: 22 Jul 2017
Member No.: 93,141



Out of curiosity.

Have they refunded the payment?
Go to the top of the page
 
+Quote Post
tyler durden
post Wed, 11 Jul 2018 - 20:59
Post #24


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




Go to the top of the page
 
+Quote Post
Jlc
post Wed, 11 Jul 2018 - 21:22
Post #25


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.
Go to the top of the page
 
+Quote Post
tyler durden
post Wed, 11 Jul 2018 - 21:23
Post #26


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










Go to the top of the page
 
+Quote Post
Gary Bloke
post Wed, 11 Jul 2018 - 21:46
Post #27


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.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Wed, 11 Jul 2018 - 21:46
Post #28


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.
Go to the top of the page
 
+Quote Post
Gary Bloke
post Wed, 11 Jul 2018 - 21:52
Post #29


Member


Group: Members
Posts: 488
Joined: 21 Aug 2016
Member No.: 86,563



Useful background:

https://www.parkingcowboys.co.uk/fighting-beavis-argument/

https://www.parkingcowboys.co.uk/parkingeye-vs-beavis/
Go to the top of the page
 
+Quote Post
tyler durden
post Wed, 29 Aug 2018 - 11:59
Post #30


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?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 29 Aug 2018 - 12:04
Post #31


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
Go to the top of the page
 
+Quote Post
instrumentsofjoy
post Wed, 29 Aug 2018 - 12:30
Post #32


Member


Group: Members
Posts: 431
Joined: 10 Apr 2011
Member No.: 45,808



QUOTE (tyler durden @ Wed, 29 Aug 2018 - 11:59) *
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.
Go to the top of the page
 
+Quote Post
Redivi
post Wed, 29 Aug 2018 - 12:52
Post #33


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
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Wed, 29 Aug 2018 - 20:51
Post #34


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.
Go to the top of the page
 
+Quote Post
tyler durden
post Fri, 31 Aug 2018 - 04:53
Post #35


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
Go to the top of the page
 
+Quote Post

2 Pages V  < 1 2
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 08:06
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here