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Help! Got an enforcement notice from APCOA, If I felt it was fair I'd pay it - but...
851Pilot
post Thu, 13 May 2010 - 18:00
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Had to go into London today and thought I'd forsake the aggro of driving into town and let the train take the strain - bad move as it turns out!

Station is in West Oxfordshire - quiet rural location (not used to parking tickets out here!!!).

Car Park full when I get there - and can't park on the road. Found a spot that wasn't marked as a designated bay - but wasn't blocking anyone and I made every effort to ensure loads of space for other cars. No sign where I parked to state no-parking - although tonight I have spotted a small notice further up towards the end of the car park - where it narrows - that states no parking at that point. There is also a yellow hashed no parking area marked just beyond the sign. I was not parked adjacent to either.

Car Park ticket purchased in the station at the ticket office - along with my rail ticket - not Pay and Display machine.

Get back this afternoon to be greeted by a yellow envelope containing a parking enforcement notice from APCOA.

It states I'm being charged £80 (or £50 if paid within 14 days) because parking attendant 'Who had reasonable cause to believe that the following parking contravention occurred: 04 - Not Designated Parking Space'.

Little bit taken aback I ventured down to the Pay and Display Machine - and rang the number given. To a 'help me please' type approach and lady was helpful. No details exchanged - apart from the station involved. She suggested I call back in the am tomorrow as they will have photo's by then and she'll take a look. Seemed pleasant enough and gave me her name.

I walked back to car and took some photo's on my iPhone showing I was not causing obstruction and no signs by where I parked.

Now I've googled APCOA I find a lot of similar postings - pretty well all just saying ignore. But by nature I get nervous/worry about things and the thought of bailiffs/CCJs coming out of this make part of me just want to pay the £50 for piece of mind - not that I can afford it!

Is it worth calling her in the am?

As my tickedt was bought in the ticket office - so from First Great Western - and I therefore had no sighting of the small print on the Pay and Display notice - is that a valid defence?

If I bought a ticket to park for the day and they haven't provided an available space in a marked bay - are they in breach of a contract?

Sorry to drone on - any advice *really* appreciated!!

851Pilot
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post Thu, 13 May 2010 - 18:00
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ManxRed
post Thu, 13 May 2010 - 18:17
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Not worth calling her, she's not really going to help you.

Just to be clear, on the back of the ticket does it mention appealing the ticket, and if so, who to? Is it APCOA or The Magistrates Court? My money's on APCOA.

If so, ignore.

They cannot get a CCJ/Bailiff against you without taking you to court first. That'll never happen because they haven't got a legal leg to stand on, and even if they were that foolish (and I don't recall any mention on this website of them ever doing court but perhaps someone can confirm) you'd get a cast iron defence on here and they'd lose/back out.

CCJ/Bailiff cannot happen. Don't worry about it.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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851Pilot
post Thu, 13 May 2010 - 18:37
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Not wrong - APCOA...

I also note - as per another thread - that there's no company reg number on the ticket/invoice...

851Pilot
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Gan
post Thu, 13 May 2010 - 19:07
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It's a standard PPC ticket that can be ignored.

When they issue tickets at railway stations, a PPC often pretends that it has been issued under the Railway Byelaws. The giveaway is the appeal to APCOA.
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851Pilot
post Thu, 13 May 2010 - 19:09
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Thanx Gan, MaxRed...

No mention re any bylaws.

Still makes me nervous/concerned though sad.gif

851Pilot
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ManxRed
post Thu, 13 May 2010 - 19:12
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Do not be nervous. Some smaller PPCs have tried it on in court, and when defended properly they've lost badly.

APCOA are a big company with a reputation. They daren't risk court.

Nothing will happen.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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bama
post Thu, 13 May 2010 - 19:23
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Search on here for more thread that mention CRAPCOA

and look at other 'false Byelaw' threads. NCP do it a lot.

I wouldn't ring them at all smile.gif see this

This post has been edited by bama: Thu, 13 May 2010 - 19:25


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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851Pilot
post Thu, 13 May 2010 - 19:36
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Thanks Bama...

Also - are these PPC 'invoices' VATable? If so they'd need to have a VAT number on them wouldn't they?

851Pilot

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bama
post Thu, 13 May 2010 - 19:44
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only if supplied to a business or if you ask for one - according to other posts


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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851Pilot
post Thu, 13 May 2010 - 20:00
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OK - makes sense - thanks Bama...

This post has been edited by 851Pilot: Thu, 13 May 2010 - 20:04
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851Pilot
post Sat, 26 Jun 2010 - 11:37
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Hi folks,

Letter arrived at the registered keepers' address this am from Roxburghe - now demanding £115.

Still safe to ignore?

Have APCOA ever gone to court?

Part of me concerned, part relishing a day in court.

Any assurances/further advice appreciated!

This post has been edited by 851Pilot: Sat, 26 Jun 2010 - 11:50
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cabbyman
post Sat, 26 Jun 2010 - 11:43
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Still safe to ignore.

With a bit of luck, someone will have the complete letter chain and will predict the next missive to come flying your way!!


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SchoolRunMum
post Sat, 26 Jun 2010 - 14:49
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QUOTE (cabbyman @ Sat, 26 Jun 2010 - 12:43) *
Still safe to ignore.

With a bit of luck, someone will have the complete letter chain and will predict the next missive to come flying your way!!




One of the usual Roxburghe letters looks like this (albeit this on was originally a ticket from UKPC):

http://i49.tinypic.com/2va110p.jpg

Then you get a couple of threatograms from our friend Graham White:

http://i48.tinypic.com/2l8kkmr.jpg

http://i49.tinypic.com/64nl9f.jpg

Then the registered keeper might get a love-letter from PCS pretending they have 'purchased the debt' (errr...what debt?):

http://i46.tinypic.com/k9xf5z.jpg


HTH, 851Pilot you and the registered keeper must ignore it all and they DO NOT go to Court. Not ever.

Have you seen the Watchdog video linked on a youtube link at the top of the forum board? If not watch it, laugh - and share it with the registered keeper. It's a simple way of explaining what we are all saying here.

This post has been edited by SchoolRunMum: Sat, 26 Jun 2010 - 14:50
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strollingplayer
post Sat, 26 Jun 2010 - 19:20
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Part of me wonders if it's worth writing to the Magistrates' Court saying you want to appeal the ticket to see if that gets them into trouble.


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The content of this post, of any replies to it, and of any preceding it, may be soliciting, or be in response to a solitication for advice as to the formulation of a strategy for action in a legal process. This post, any replies and those preceding, should therefore be assumed to be subject to privilege.

Aims of challenging a council PCN

Stroller v local council: 2 accepted, 1 bottled, 1 win, 2 awaiting council's decision.

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emanresu
post Sun, 27 Jun 2010 - 06:24
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QUOTE
Part of me wonders if it's worth writing to the Magistrates' Court saying you want to appeal the ticket to see if that gets them into trouble.


Something along the lines of "Dear Mags, I wish to appeal this under the railway regs but am being denied the chance etc".

Would the OP not get hauled in for wasting time?
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Gan
post Sun, 27 Jun 2010 - 08:43
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The OP could write to the rail company and ask which magistrates' court will be responsible for enforcing the ticket ? If the answer is "none", the OP has all the info he needs that the ticket can be ignored.

If he is given the name of a court, when six months has passed with no action, the OP can contact it to ask if an information has been laid.



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